New South Wales Repealed Regulations

This legislation has been repealed.

RESIDENTIAL PARKS REGULATION 2006 - SCHEDULE 2

SCHEDULE 2 – Standard form residential site agreement (where tenancy is for a term exceeding 3 years)

(Clause 5 (1) (b))

This Form is to be used if the resident is to rent:

(a) a site for the placement of a caravan that is owned by the resident and has a rigid annexe, or

(b) a site for the placement of a manufactured home that is owned by the resident.

IMPORTANT NOTES ABOUT THIS AGREEMENT

1. The resident is entitled to have time to read this agreement (and the completed condition report referred to in this agreement) and to obtain appropriate advice if necessary.

2. The park owner or the park manager is required to provide the resident with a copy of Residential Park Living . That book explains the resident's rights and obligations under this agreement.

3. The park owner is also required to provide the resident with a copy of the park rules and with a copy of other important information about this agreement (in the form of questions and answers).

4. The park owner is also required to provide the resident with a document stating that the resident's right to occupy the residential premises is a leasehold right only (and not a freehold right or other right of an unlimited or perpetual nature) and may, in certain circumstances, be terminated.

5. The park owner must not enter into this agreement unless the resident has been given the documents referred to above.

6. The park owner is required to provide the resident with a copy of this agreement for the resident to keep.

Terms of agreement

THIS AGREEMENT is made onatNSW
BETWEEN
PARK OWNER:
(Name/s)
(ACN)
(Address)
(Name of park manager)
(ACN)
(Address)
Emergency contact number for park manager
AND
RESIDENT:
(Name/s)
Other people who will ordinarily live at the residential site may be listed here (cross out if not needed)
RESIDENTIAL SITE:
The park owner gives the resident the right to occupy site Noatand the following parking space and storeroom (cross out if not needed)
Size of site (dimensions or square metres)
No more thanpersons may ordinarily live at the residential site at any one time.
RENT:
The rent is $payable everystarting on//.
The resident must pay in advance on theof every.
The rent must be paid:

(a) to the park owner, or the park manager, at, or

(b) at any other reasonable place the park owner names in writing, or

(c) into the following account, or any other account nominated by the park owner.

THE AGREEMENT

1. The park owner agrees to provide the resident with:

1.1 a copy (for the resident to keep) of clauses 2-34 (clauses 6, 8 and 18.4 excepted) of the standard form residential site agreement set out in Part 1 of Schedule 1 to the Residential Parks Regulation 2006 , at or before the time another copy of this agreement is signed and given by the resident to the park owner or the park manager, and

1.2 a copy of the notes forming part of that standard form agreement (other than Part 2 of that standard form), before the time this agreement is signed and given by the resident to the park owner or a person on the park owner's behalf, and

1.3 a copy of this agreement at or before the time the agreement is signed and given by the resident to the park owner or a person on the park owner's behalf, and

1.4 a copy of this agreement that has been signed by both the park owner and the resident, as soon as reasonably practicable after signing.

TERMS OF THIS AGREEMENT

2. The park owner and resident agree that clauses 2-34 (clauses 6, 8 and 18.4 excepted) of the standard form residential site agreement set out in Part 1 of Schedule 1 to the Residential Parks Regulation 2006 are terms of this agreement as if they were set out in this agreement.

AGREEMENT TO PREPARE CONDITION REPORT

3. The park owner agrees to prepare and complete a condition report in respect of the residential site as required by clause 4 (unless this agreement is a renewed agreement, the park owner and resident have agreed that clause 7 of this agreement applies, and a date has been inserted in clause 7).

4. The park owner agrees:

4.1 to prepare, or to ensure that the park manager prepares, 3 copies of a condition report in the same form as that set out in Part 2 of Schedule 1 to the Residential Parks Regulation 2006 , and

4.2 to ensure that the park manager completes all relevant sections of the report, including the section headed "SITE", and

4.3 to give 2 copies of the report to the resident at or before the time of entering into the agreement.

5. The resident agrees to do the following (unless this agreement is a renewed agreement, the park owner and resident have agreed that clause 7 of this agreement applies, and a date has been inserted in clause 7):

5.1 to indicate on that report the resident's agreement or disagreement with the condition indicated by the park owner or park manager by placing "Y" (YES) or "N" (NO) in the appropriate column,

5.2 to return a copy of the completed condition report to the park owner or park manager within 7 days of receiving the report.

CONDITION OF RESIDENTIAL SITE

6. The resident agrees, when this agreement ends, to leave the residential site as nearly as possible in the same condition (fair wear and tear excepted) as set out in the condition report for the site that forms part of this agreement. If the condition report for the site is one referred to in clause 7 of this agreement, the condition of the site noted in that report is to be adjusted to take account of fair wear and tear since that report was completed.

PRESCRIBED TERMS

AGREEMENT TO USE PREVIOUS CONDITION REPORT

7. The park owner and the resident agree that the condition report included in a residential site agreement entered into by the resident and dated (insert a date if the park owner and resident agree to this clause) forms part of this agreement.

ELECTRICITY (Cross out this clause if it is not applicable)

8. The resident agrees to pay all electricity charges in connection with the residential site, where:

8.1 the residential site is individually metered in compliance with the code published by the Department under the title Customer Service Standards for the Supply of Electricity to Permanent Residents of Residential Parks , as published in August 2006 (
"the Code" ), and

8.2 any charges for the supply or resupply of electricity to the resident are calculated in accordance with the Code (whether by reference to a published domestic tariff or otherwise), and

8.3 the resident is provided with a receipt for any amount paid to the park owner for electricity consumption or availability, and that receipt is separate from any rent receipt provided to the resident or is identified separately on the rent receipt, and

8.4 the resident is issued with accounts that comply with section 37 of the Residential Parks Act 1998 , and with any relevant provisions of the Code that are not inconsistent with that section.

9. The park owner agrees to comply with all obligations placed on the park owner by the code published by the Department under the title Customer Service Standards for the Supply of Electricity to Permanent Residents of Residential Parks , as published in August 2006.

WATER

10. The resident agrees to pay for ONE of the following classes of water charges:

10.1 if the site is individually metered (whether by the water supply authority or by the park owner) in compliance with the regulations, the resident is billed directly by the water supply authority or by the park owner in accordance with the Residential Parks Act 1998 , the charge for water is calculated according to the metered amount of water consumed and there is no minimum charge payable--the resident's proportion of charges for water availability (to a maximum of $50 per annum), together with all charges for water consumption,

10.2 if the site is individually metered by the water supply authority--the resident's proportion of excess water charges.

Note : The following matter must be on a separate page.

ADDITIONAL TERMS ANY ADDITIONAL TERMS ARE NOT REQUIRED BY LAW AND ARE NEGOTIABLE.
Additional terms may be included in this agreement if:

(a) both the park owner and the resident agree to the terms, and

(b) they do not conflict with the

(c) they do not conflict with the other terms of this agreement.

Park owner's signature
Resident's signature
(Sign this page even if there are no additional terms on it.)

THE PARK OWNER AND RESIDENT ENTER INTO THIS AGREEMENT AND AGREE TO ALL ITS TERMS.
SIGNED BY THE PARK OWNER
In the presence of
Name of witness
Signature of park owner
Signature of witness

ACKNOWLEDGMENT BY RESIDENT The resident acknowledges that, at or before the time of signing this residential tenancy agreement, the resident was given a copy of each of the following documents:

	Initial each box if you have received the document
A statement of the costs of preparation of this residential tenancy agreement and of any other charges payable by the resident in respect of the agreement	□
The book entitled Residential Park Living	□
A list of questions and answers about living in the residential park	□
The park rules for the residential park	□
A document stating that the resident's right to occupy the residential premises is a leasehold right only (and not a freehold right or other right of an unlimited or perpetual nature) and may, in certain circumstances, be terminated	□
A document giving information about electricity rebates	□

SIGNED BY THE RESIDENT
In the presence of
Name of witness
Signature of resident
Signature of witness