Queensland Government
Department of Housing and Public Works

Under the Manufactured Homes (Residential Parks) Act 2003, your site agreement can be terminated only by: 

  • mutual agreement
  • the home owner
  • QCAT on application by the park owner.

By Mutual agreement

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

The parties to the agreement must complete the Manufactured Homes Form 4 - Termination notice - by mutual agreement (PDF, 199 KB).

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

If the home owner and park owner mutually agree to terminate the site agreement, the park owner is not required to pay the home owner's relocation costs.

A park owner is prohibited from enterting into a mutual termination agreement before or on the same day as they enter into a site agreement with a manufactured home owner. 

By the home owner

During cooling-off period

A 28-day cooling-off period applies if:

  • a prospective home owner enters into a site agreement within seven days of receiving the disclosure documents
  • a prospective home owner is not given the disclosure documents before signing the agreement.

To terminate a site agreement under the cooling-off period, the home owner must supply the park owner with a Manufactured Homes Form 3 - Termination notice - by home owner within 28 days of entering site agreement (PDF, 344 KB).

The home owner does not have to pay any amounts under the agreement, and the park owner must refund any money received within 14 days of the termination date, if the termination occurs during the cooling-off period.

For more information on cooling-off periods, see Termination of site agreements during cooling-off periods.

After cooling-off period

The home owner must give notice to the park owner by completing Manufactured Homes Form 5 - Termination notice - by home owner (PDF, 125 KB).

By the park owner

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

  • the home owner broke a term of the site agreement and did not fix the problem within 28 days of being given Manufactured Homes Form 6 - Notice to remedy breach (PDF, 149 KB)
  • the home owner assaulted a person in the 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 by other residents and does not comply with a Manufactured Homes Form 6 - Notice to remedy breach
  • 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 compensation.

As a site agreement is a contractual agreement, we recommend that the parties seek legal advice before ending the agreement.

Compensation paid by the park owner in cetain circumstances

If the park owner wishes to terminate a site agreement because they wish to use the residential park land for another purpose, and the home owner does not agree to terminate the agreement, 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 in account the estimated costs of removing the home from the site, including the costs of:

  • dismantling the home
  • transporting the home owner's personal effects to the home owner's proposed place of residence
  • anything else QCAT considers relevant.

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

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

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