Tenants in land lease communities - rights and responsibilities
Tenants who rent a home in a residential (land lease) community (sometimes called a residential or caravan park) have rights and obligations under both the Residential (Land Lease) Communities Act 2013 and the Residential Tenancies Act 2010.
The laws apply whether you rent your home from the operator of the community, or another person who owns the home. They also apply regardless of whether you have a written or verbal tenancy agreement.
The Residential (Land Lease) Communities Act 2013 and Residential Tenancies Act 2010 do not apply if you are renting a home in a residential community for a holiday.
Your rights when moving in
When you move into a home in a land lease community you have the right to:
- be given a free copy of the residential tenancy agreement, which is a legally binding contract
- be given a condition report filled out by your landlord or the operator
- be required to pay no more than 2 weeks rent in advance
- have any bond you pay to your landlord or operator lodged with NSW Fair Trading. The bond cannot be for more than 4 weeks rent
- be given your place, including any outdoor space, in a safe, clean and reasonable condition.
Your responsibilities when moving in
You must give the landlord a copy of the condition report with your comments within seven (7) days of the start of the tenancy. The condition report is important evidence if there is a dispute about the bond at the end of the agreement.
Your rights during the tenancy
Throughout your tenancy you have the right to:
- be given receipts if you pay your rent in person or by cheque
- quiet enjoyment of the premises
- reasonable safety and security
- have necessary repairs carried out in a reasonable time
- be given notice when the landlord wants to visit
- be given 60 days written notice of a rent increase. You can challenge a rent increase if you think it is excessive by making an application to the NSW Civil and Administrative Tribunal (NCAT) within 30 days of receiving the rent increase notice.
Your responsibilities during the tenancy
During the tenancy you have an obligation to:
- pay rent on time
- care for the premises
- report the need for any repairs or maintenance
- pay electricity and gas bills if the premises are separately metered
- pay water bills if the premises are separately metered and the premises have been fitted with water efficiency measures
- not alter or make additions to the premises without the landlord’s written permission
- not change any locks without the landlord’s written permission
- not interfere with the peace, comfort or privacy of your neighbours
- not use the premises for illegal purposes
- ask the landlord’s written permission before you make any changes to tenancy arrangements, for example sub-letting or transferring your tenancy to another person
- abide by the community rules and ensure your visitors also comply.
The NSW Civil and Administrative Tribunal (NCAT)
NCAT hears disputes between landlords and tenants. If you and your landlord or operator cannot resolve an issue you may be able to apply to NCAT for an order to enforce your rights. Time limits apply to applications so do not delay.
Advice and assistance
If you need advice or assistance regarding your rights and responsibilities, or an NCAT application, contact your local Tenants Advice and Advocacy Service.
Updated April 2019