Change text size:   Increase font size   Reduce font size  |   Print page:   Print this page
  |   Contact us   
Standard fact sheet.
Large print fact sheet.

Rights and responsibilities of home owners  

In a land lease community  

As a home owner in a residential land lease community, or a prospective home owner, you have certain rights and responsibilities under the laws and the terms of your agreement.

Your rights as a home owner

Before you move in, you have a right to:

  • a disclosure statement from the operator and a copy of the NSW Fair Trading publication Moving into a Land Lease Community?
  • a written site agreement free of charge
  • a site condition report on which you can add your comments
  • a 14 day cooling-off period
  • be told the dimensions of your site
  • not be restricted in seeking advice
  • not pay any fees or charges until you sign an agreement.

While you live in the community, you have a right to:

  • privacy and quiet enjoyment of your home
  • reasonable access to all common areas
  • be given receipts for any money you pay
  • proper written notice of site fee increases
  • seek to be a member of the residents committee (if any)
  • be a member of any external resident organisation
  • decide whether or not to insure your home and contents
  • be given 30 days' notice of a change to community rules
  • security of tenure (your agreement can only be ended based on limited grounds set out by law)
  • be protected from retaliatory conduct
  • live in a community that is clean, well maintained, reasonably safe and secure
  • reduced site fees if services and facilities are reduced, withdrawn or not delivered
  • make alterations or improvements inside your home, and outside (with the operator’s permission)
  • a discounted electricity availability charge if your home is getting less than 60 amps
  • have the operator or an employee contactable at reasonable times
  • appoint an agent to receive notices
  • reasonably accessible and secure mail facilities
  • have additional occupants stay with you, which cannot be unreasonably refused
  • be notified of a change of operator
  • access dispute resolution services through NSW Fair Trading and the NSW Civil and Administrative Tribunal.

When you move out, you have a right to:

  • sell your home onsite, without interference from the operator
  • appoint a selling agent (including the operator) if you wish
  • put a ‘for sale’ sign in or on your home
  • remove any fixtures you have added to the site if you don’t want them to be part of the sale
  • receive compensation if your agreement is terminated in certain circumstances.

Your responsibilities as a home owner

Before you move in, you have a responsibility to:

  • contact the operator to enable them to comply with their disclosure obligations
  • ensure you have a written site agreement before moving in.

While you live in the community, you have a responsibility to:

  • comply with your site agreement and the community rules
  • only use your home as a place of residence unless the operator approves another use
  • obtain the consent of the operator before allowing anyone else to move into your home
  • obtain the consent of the operator before subletting your home
  • obtain the consent of the operator before adding a fixture to the site or making an external alteration to your home (other than painting)
  • only use the community’s common areas only for their intended purposes
  • ensure that you or your guests do not interfere with the peace, privacy and quiet enjoyment of the community by other residents
  • ensure your home is not used for illegal purposes
  • pay site fees and other charges required under the site agreement on time
  • take care of community property and ensure your guests do not damage or destroy the community’s common areas
  • maintain your home in a reasonable state of cleanliness and repair and to keep your site tidy and rubbish-free
  • not plant a tree without the consent of the operator
  • notify the operator of any damage to the residential site or the community common areas caused by you or your guest
  • not harass or intimidate the operator or employees and agents of the operator
  • ensure that you do not adversely affect the work health and safety of any person working in the community
  • notify the operator if you intend to leave your home unoccupied for more than 30 days
  • give the operator (including his or her employees and agents) reasonable access to your site as permitted under the site agreement or under the relevant laws
  • respect any notice to comply with the community rules.

When you move out, you have a responsibility to:

  • not use the operator or an agent to sell your home without a written selling agency agreement
  • not place a ‘for sale’ sign on any property belonging to the operator without consent
  • refer any respective purchasers of your home to the operator so that they can comply with their disclosure obligations
  • pay all agreed fees and charges under the site agreement or selling agency agreement
  • not leave rubbish or goods behind which are not part of the sale.