Table of Content
If the park owner has not met the disclosure requirements or the prospective home owner has waived the full disclosure period, the home owner has 28 days to give the form to the park owner. If the prospective home owner has received the full disclosure period, they have 7 days to give the form to the park owner. At the end of a short term tenancy, a new agreement must be entered into if the tenant wishes to stay. A short term tenancy can be extended for a second term of 42 days, but only once.
In those circumstances, a homeowner has 28 days after the agreement was entered into to terminate a site agreement and any amounts already paid by the owner under the agreement have to be refunded . It is an offence under the Manufactured Homes Act for a park owner to engage in fraudulent or misleading conduct . Form 9 – Selling authority Use this form to appoint a park owner to sell your home in a residential park. Form 1C – Precontractual disclosure waiver Use this document to notify a park owner that you wish to waive your right of the full disclosure period for entering the site agreement.
October 2022 Rental law changes
If the tenancy is extended again, by law it becomes a long term tenancy which must be in writing and has different rules, such as longer notice periods. Can represent their interests to village operators, service providers, park owners and government. The park owner must give the home owners written notice of a change in their business hours contact phone number for the park, within 7 days of the change.
7 days before giving the consent, if the prospective home owner/buyer waives the right to receive the disclosure documents. The park owner may use theManufactured Homes Form 13 - Increase in site rent to cover special costs notice to propose a special increase in site rent and give this to home owners at least 2 months before the proposed rent increase date. Tenants can be asked to relocate within the caravan park in certain circumstances, such as an emergency, to carry out necessary or desirable work, or for health and safety reasons.
Manufactured Homes (Residential Parks) Act 2003
Purpose-built—these parks are made up of manufactured homes exclusively and are often targeted at the over-50s age group. Kept a written record of each test of an emergency procedure for which the emergency plan provides. A written record of each test of an emergency procedure as detailed in the emergency plan.
The owner/manager must pay all charges, levies, premiums, rates or taxes payable for the premises. Tenants may have to pay a service charge for using electricity, gas, water or sewerage services only if the premises are separately metered. Where these service costs are included in the rent, the rent may be reduced if a service or facility in the park can no longer be used by the tenant due to the owner’s/manager’s actions. The owner/manager must give the tenant a copy of the information statement Renting a caravan or moveable dwelling in Queensland, a copy of the park rules and an Entry condition report - moveable dwelling/site .
Advocacy and support for residents
All park owners must have an emergency plan in place for each residential park, as of 1 September 2019. We’re consulting on site rent increases and the sale of manufactured homes in residential parks. The park owner must make all reasonable attempts to display the emergency plan on a notice board in a prominent position in the park’s common areas until the park no longer offers sites for manufactured homes. If a home owner disagrees with a site rent increase to cover a special cost or doesn’t respond to the notice, the park owner can assume they dispute the site rent increase and begin dispute resolution procedures.
Tourist – the park may have a mixture of permanent caravan tenants and holiday cabins, and has both rented and owner-occupied manufactured homes. If a home owner is dissatisfied with a park owner’s refusal to consent to the assignment of a site agreement, they can attempt to resolve the dispute with the park owner. If they can’t resolve the dispute this way, they may apply to the Queensland Civil and Administrative Tribunal to request an order that the park owner consent to the assignment.
As a park owner, you must ensure that emergency vehicles (e.g. ambulance, fire and police) have ready access to the park at all times, unless the park owner has a reasonable excuse. Owners/managers cannot charge site preservation fees in addition to rent, but park rules may include reasonable requirements for maintenance of the site. However, there must be a Short Tenancy Statement confirming that both parties have entered into a short tenancy. Give each home owner notice of the proposal at least 28 days before the objection closing date. The notice should state the objection closing date, and how to lodge objections. Home owners can object in writing and should explain why they believe the proposal is unreasonable.
Either party can make an urgent application to the Tribunal for a termination order to end the short term tenancy if the parties are incompatible in a way that makes it desirable, in the interests of both parties, for the agreement to end. A residential park owner and a converted caravan owner voluntarily enter into a site agreement. When a manufactured home owner in a residential park decides to sell their home, as the park owner you have responsibilities to both the seller and prospective buyer. If the prospective home owner/buyer terminates the assignment agreement during the cooling-off period, the form of assignment of the home ownerinterest is considered revoked. They are not required to pay the home owner any amount otherwise payable under the agreement.
The park owner may use theManufactured Homes Form 12 - General increase notice to propose a general increase in site rent. They must give it to the home owner at least 35 days before the nominated general increase day and the home owner has 28 days to dispute the increase in writing through the dispute resolution procedures. Both home owners and park owners are required to comply with these obligations and behavioural standards.
The form must state the day that the termination will take effect, which must be within28 days after giving notice. The site agreement itself sets out details of the rent of the land on which the manufactured home is located, the positioning of the home on the land and what rights the homeowner has in relation to use of the common areas and facilities. Prohibit or prevent the park owner from reducing the site rent for any reason. Form 3A – Termination for site agreement by home owner in cooling-off period Use this form to terminate a site agreement during the cooling-off period. Tenants can also apply for a termination order where an owner/manager harasses, intimidates or verbally abuses the tenant or another person on the premises. See the fact sheet Allowing time when serving notices – moveable dwellings or the information statement Renting a caravan or moveable dwelling in Queensland for more information.
Form 11 – Dispute negotiation notice Homeowners and park managers use this form to start the dispute negotiation process with another party. Tenants who own their caravan but rent the site are responsible for maintaining their caravan. Both the tenant and owner/manager are responsible for maintaining the site, including preservation and landscaping of the area around the caravan. The tenancy agreement should clearly state tenant responsibilities for the site at the end of the tenancy.
All general site rent increases for a particular basis must occur on the general increase day – a day nominated by the park owner – and not more than once a year. A park owner can’t calculate a general site rent increase using more than one basis at a time, though a site agreement may allow an increase using multiple bases . Form 3B – Termination notice of assignment agreement in cooling-off period Use this form to terminate an assignment agreement during the cooling-off period. A written record of each test conducted for emergency procedures detailed in the emergency plan. Information about how a home owner can get a copy of the current park rules for no cost to the home owner.
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