Frequently asked questions( faq)

Can I rent my home?

Yes, you can rent out your home in a residential land lease community in limited circumstances; however, you need the operator’ s prior written permission to do so. Operators cannot unreasonably withhold permission for an owner to sub-let their site for 12 months or less, once every 3 years. Tenants have to comply with the terms and conditions set out in the home owner’ s site agreement, including caring for the premises and reporting the need for any repairs and maintenance, paying utility bills on time, not using the premises for illegal purposes and not interfering with the peace, comfort or privacy of neighbours and others in the community.

What rules do I have to comply with?

Before signing a site agreement each prospective home owner is given a copy of the community rules, which create a framework for happy and harmonious living within the community. The rules are set by each operator and have to be fair, reasonable and clearly expressed and, generally, apply equally to all people living in, working in or visiting the community. The rules cover issues relating to use, enjoyment, control and management of the community including age restrictions, noise, motor vehicle speed limits, parking, rubbish disposal, the keeping of pets, use and operation of communal facilities, fire safety.

Can an operator force me to leave a community?

When you live in the community you have responsibility to comply with the terms of the site agreement and community rules. Any major breach or persistent breaches of the site agreement can be grounds for the operator to give you a notice of termination of the site agreement.

To start this process, the operator must first issue you with a termination notice – but if you do not vacate the site the operator can only get the agreement terminated and an order for possession from the NSW Civil and Administrative Tribunal( NCAT).

Your site agreement can also be terminated without the need to issue a termination notice if you( or anyone occupying your home) have caused serious damage to property; have threatened or caused injury to people living or working in the community; or used the residence for illegal purposes.

How do I sell my home when I leave?

When it is time to sell your home you( or the executor or beneficiary of your estate) can offer the home for sale but only after giving notice to the operator.

You also need to refer any prospective buyers to the operator so they can carry out their obligations in fully informing prospective home owners about the terms and conditions of site agreements and community rules. This includes giving the prospective home owner a Disclosure Statement setting out all the things about living in the community.

You can appoint the operator or a real estate agent to handle the sale. An operator must not interfere with the sale of your home in any way – including by attempting to charge a buyer a higher site fee than you or others in the community are paying for a comparable site.

The new owner of your home will enter into a new site agreement with the operator.

12 Land Lease Living