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Terminating a site agreement

Site agreements continue until they are validly terminated.

A site agreement can be terminated only by:

By mutual agreement

Mutual agreement is where both the home owner and park owner (or manager) agree to terminate the site agreement.

A Termination notice—by mutual agreement (Manufactured Homes Form 4) (PDF, 199KB) (RTF, 26KB) must be completed by both parties.

It is illegal for a park owner to intimidate or attempt to intimidate you into terminating a site agreement.

If you and the park owner both agree to terminate the site agreement, you must take all of your belongings and move out of the site (this gives the park owner vacant possession of the site). The park owner is not required to pay your moving costs.

A park owner is not allowed to enter into a mutual termination agreement before or on the same day as they enter into the site agreement with a manufactured home owner.

By the home owner

During the cooling-off period

Prospective home owners entering a site agreement with a park owner (new agreement)

If the buyer has received the full disclosure period, they have a cooling-off period of 7 days to give the relevant termination form to the park owner.

If the park owner has not met the disclosure requirements or the buyer has waived the full disclosure period, the buyer has a cooling-off period 28 days to give the relevant termination form to the park owner.

If the home owner/seller and prospective home owner/buyer have entered into a new site agreement, the buyer may terminate the agreement within the cooling-off period by giving the seller and park owner the signed Form 3A – Termination for site agreement - by home owner in cooling-off period (PDF, 106KB).

The form must state the day that the termination will take effect, which must be within 28 days after giving notice.

The home owner must refund any amount they have received from the buyer under the agreement within 14 days after the termination day.

Home owners assigning their site agreement to a prospective home owner/buyer (existing agreement)

After the disclosure period, if the home owner and a prospective home owner/buyer enter into an assignment agreement, with the consent of the park owner, the buyer may terminate the assignment agreement within the cooling-off period by giving the park owner a signed Form 3B – Termination notice of assignment agreement - by home owner in cooling-off period (PDF, 159KB).

If the prospective home owner/buyer terminates the assignment agreement during the 
cooling-off period, the form of assignment of the home owner interest is considered revoked. They are not required to pay the home owner any amount otherwise payable under the agreement.

After the cooling-off period

You must give notice to the park owner by completing a Termination notice—by home owner (Manufactured Homes Form 5) (PDF, 125KB) (RTF, 23KB)

By the park owner

The park owner can apply to QCAT to terminate your site agreement on the grounds that:

  • the park owner wishes to use all or part of the park land for another purpose. In this case, the park owner must give QCAT a document certified by the local government authority that the park land can be used for the stated purpose. The park owner will be required to pay the home owner relocation compensation.
  • the home owner broke a term of the site agreement and did not fix the problem within 28 days of being given Notice to remedy breach (Manufactured Homes Form 6) (602KB) (RTF, 157KB)
  • the home owner assaulted a person in the residential park
  • the home owner wilfully destroyed the property of others in the park
  • the home owner is using the site other than as a place of residence
  • the home owner, or their tenant or guest, repeatedly interferes with the quiet enjoyment of the park and does not comply with a Notice to remedy breach (Manufactured Homes Form 6).

Before ending an agreement

As a site agreement is a contractual agreement, you should seek legal advice before signing a form to terminate the agreement.

When compensation is paid by the park owner

If the park owner requests to terminate a site agreement because they wish to use the land covered by the site agreement for another purpose, the park owner may apply to QCAT for a termination order.

In making a termination order, QCAT must also order the park owner to pay the home owner compensation. In making a compensation order, QCAT will take into account the estimated costs of removing the home from the site, including the costs of:

  • dismantling the home
  • moving your personal belongings to your new home
  • anything else QCAT considers relevant.

When deciding the termination order, QCAT may postpone the termination date for up to 1 year after the day of the termination order.

With your consent, QCAT may also order the park owner to make a comparable site within the park available to you for the positioning of your manufactured home, if a comparable site is available.

Helpful resources

Last updated:
1 September 2019
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