FREQUENTLY ASKED QUESTIONS
"I have a residential site agreement issued under the Residential Land Lease Communities Act 2013. If my community operator asks me to sign a new agreement after September 25th 2024, what should I do?"
There is no requirement for you to enter into a new site agreement. Your current site agreement continues on regardless of the new legislation.
If you wish to enter into a new agreement, seek advice first.
If you currently have no physical copy of your site agreement, you are deemed to have one under law.
"My community owner has issued a rent increase notice before the new legislation starts. Which legislation would the rent increase be dealt under if I apply to the Tribunal?"
If you have already received a rent increase notice and have already lodged an application to the Tribunal, your matter will be dealt with by the provisions in the Act before the amendments took place.
If your community owner has issued a rent increase notice and you apply to the Tribunal on or after September 25th 2024, your matter will be dealt with under the Residential (Land Lease) Communities Act 2013.
"I have an order from the Tribunal that was made prior to the Residential (Land Lease) Communities Act 2013 starting. Which Act applies to those orders after the start of the new legislation?"
Any order made in the Tribunal prior to the new legislation starting shall still be in force after the new legislation starts and will continue to be in force for the duration of the order despite the old legislation being repealed.
"I have a movable dwelling agreement or a NPWS Agreement issued under the Residential Parks Act 1998. What happens to my agreement once the new legislation starts?"
After commencement of the Residential (Land Lease) Communities Act 2013, it is taken that your prior agreement will become a Residential Site Agreement between the home owner and the community operator. Excluded agreements are those in which the resident rents both the home and site, and these agreements will be a Residential Tenancies Agreement under the Residential Tenancies Act 2010.
"I’m selling my home. Does the new legislation affect the sale?"
No. The new legislation has no effect on your ability to continue to sell your home.
"I have a residential site agreement issued under the Residential Land Lease Communities Act 2013. If my community operator asks me to sign a new agreement after September 25th 2024, what should I do?"
There is no requirement for you to enter into a new site agreement. Your current site agreement continues on regardless of the new legislation.
If you wish to enter into a new agreement, seek advice first.
If you currently have no physical copy of your site agreement, you are deemed to have one under law.
"My community owner has issued a rent increase notice before the new legislation starts. Which legislation would the rent increase be dealt under if I apply to the Tribunal?"
If you have already received a rent increase notice and have already lodged an application to the Tribunal, your matter will be dealt with by the provisions in the Act before the amendments took place.
If your community owner has issued a rent increase notice and you apply to the Tribunal on or after September 25th 2024, your matter will be dealt with under the Residential (Land Lease) Communities Act 2013.
"I have an order from the Tribunal that was made prior to the Residential (Land Lease) Communities Act 2013 starting. Which Act applies to those orders after the start of the new legislation?"
Any order made in the Tribunal prior to the new legislation starting shall still be in force after the new legislation starts and will continue to be in force for the duration of the order despite the old legislation being repealed.
"I have a movable dwelling agreement or a NPWS Agreement issued under the Residential Parks Act 1998. What happens to my agreement once the new legislation starts?"
After commencement of the Residential (Land Lease) Communities Act 2013, it is taken that your prior agreement will become a Residential Site Agreement between the home owner and the community operator. Excluded agreements are those in which the resident rents both the home and site, and these agreements will be a Residential Tenancies Agreement under the Residential Tenancies Act 2010.
"I’m selling my home. Does the new legislation affect the sale?"
No. The new legislation has no effect on your ability to continue to sell your home.
"Where can I find more information about land lease communities in NSW?"
The NSW Fair Trading website provides detailed information about residential land lease communities, including rights and responsibilities, legislation, and dispute resolution processes.
Additionally, residents can contact community operators or seek guidance from a solicitor or ARPRA for further assistance.
"How do I know if a land lease community is right for me?"
Prospective residents should consider factors such as location, amenities, community atmosphere, lease terms, and financial implications before choosing to live in a land lease community.
It's advisable to conduct thorough research and seek professional advice if needed.ARPRA has a Pre-Purchase advice service.
"Are there any additional costs associated with living in a land lease community?"
In addition to rent for the land, residents may incur costs for utilities, maintenance fees, insurance, and any optional services provided by the community.
Importantly, you should thoroughly check your contract and disclosure document in order to fully appreciate if there are further costs associated with entering the community.
The NSW Fair Trading website provides detailed information about residential land lease communities, including rights and responsibilities, legislation, and dispute resolution processes.
Additionally, residents can contact community operators or seek guidance from a solicitor or ARPRA for further assistance.
"How do I know if a land lease community is right for me?"
Prospective residents should consider factors such as location, amenities, community atmosphere, lease terms, and financial implications before choosing to live in a land lease community.
It's advisable to conduct thorough research and seek professional advice if needed.ARPRA has a Pre-Purchase advice service.
"Are there any additional costs associated with living in a land lease community?"
In addition to rent for the land, residents may incur costs for utilities, maintenance fees, insurance, and any optional services provided by the community.
Importantly, you should thoroughly check your contract and disclosure document in order to fully appreciate if there are further costs associated with entering the community.
Representing Residential Land Lease Communities
Need help? Need answers?
Call 1300 798 399
9 a.m. to 4 p.m. | Monday to Friday
Calls made from a mobile may be charged at a timed rate.
Call 1300 798 399
9 a.m. to 4 p.m. | Monday to Friday
Calls made from a mobile may be charged at a timed rate.
