The short version: in almost every leasehold park we track, there are two distinct agreements. The headlease is between the landowner (Westbank First Nation, the Okanagan Indian Band, or a private landholder) and the park operator — these are the long terms you see in our park directory, often running 80 to 125 years. Your pad lease or site tenancy agreement is a separate, shorter document between you and the park operator, covering your specific lot. Almost every homeowner only ever sees and signs the second one.
Why the distinction matters
Because these are two separate documents, the headlease having decades left doesn't automatically tell you much about your own situation. We've reviewed actual WFN headleases running to 2145 that pass through to park operators with full freedom to assign, sublet, and manage the park — but your individual pad tenancy is still its own agreement, typically month-to-month, governed by whatever rules the park operator sets within the limits of the applicable jurisdiction (BC's Manufactured Home Park Tenancy Act, WFN's Residential Premises Law, or the less-defined framework on Duck Lake Indian Reserve No. 7 — see our jurisdiction guide).
What a typical pad lease actually covers
- Pad rent amount and adjustment terms — how much, how often it can change, and under what process. On BC-jurisdiction land this is capped by provincial rules (see our pad rent rules guide); on reserve land, the limits depend on that jurisdiction's own framework and the document itself.
- What's included — water, sewer, garbage collection, and road/common-area maintenance are sometimes bundled into pad rent and sometimes billed separately. There's real variation on this across our directory — never assume, confirm per park.
- Park rules and bylaws — pets, rentals, parking, exterior modifications, and age restrictions are usually incorporated by reference rather than spelled out in full in the lease itself. Ask for the actual current rules document, not just a verbal summary.
- Assignment / consent-to-sell clause — the mechanism that makes selling your home possible at all, since you're really assigning your tenancy to the buyer, not transferring land title. See our selling guide for how this works in practice.
- Termination provisions — the grounds and process for the park ending your tenancy, separate from the broader question of the park itself closing (see our redevelopment and closure risk guide for that).
Dispute resolution depends on jurisdiction
If something goes wrong on BC-jurisdiction land, BC's Residential Tenancy Branch handles disputes under the Manufactured Home Park Tenancy Act. On Westbank First Nation land, disputes fall under WFN's own Residential Premises Law and governance structures instead. On Duck Lake Indian Reserve No. 7, we haven't found evidence of an equivalent dedicated dispute-resolution framework, which means more may come down to the specific wording of your individual agreement — all the more reason to read it carefully and have a lawyer review it before signing, rather than assuming a standard process applies.
Before you sign anything: ask for both documents if they exist — the headlease (to understand the park's long-term security) and your own pad lease (to understand your specific terms) — and have a lawyer or notary review the pad lease specifically, since that's the document that actually governs your day-to-day situation.
This page provides general information only and is not legal, financial, or tax advice. Please confirm current details with a lawyer or notary before relying on this page.