New South Wales Consolidated Acts

RESIDENTIAL PARKS ACT 1998 - SECT 22

22 Park owner’s access to residential premises that consist of a moveable dwelling installed on a residential site

(cf RT Act s 24)

(1) It is a term of every residential tenancy agreement under which the residential premises consist of a moveable dwelling that is not owned by the resident and that is installed on a residential site, that the park owner, the park manager or any person authorised by the park owner, during the currency of the agreement, may enter the residential premises, but only in the following circumstances:

(a) in an emergency (including entry for the purpose of carrying out urgent repairs),

(b) in a case where electricity, water or gas is supplied to the resident by the park owner, to inspect and read any electricity, water or gas meter situated on the residential site,

(c) to inspect the residential premises, on not more than 4 occasions in any period of 12 months, if the resident has been given not less than 7 days’ notice on each occasion,

(d) to carry out necessary repairs (other than urgent repairs) to, or maintenance of, the residential premises, if the resident has been given not less than 2 days’ notice on each occasion,

(e) to show the residential premises to prospective purchasers or mortgagees, on a reasonable number of occasions, if the resident has been given reasonable notice on each occasion,

(f) to show the residential premises to prospective residents, on a reasonable number of occasions during the period of 14 days preceding the termination of the agreement, if the resident has been given reasonable notice on each occasion,

(g) if the park owner forms a belief on reasonable grounds that the residential premises have been abandoned,

(h) at any time with the consent of the resident,

(i) in accordance with an order of the Tribunal.

(2) It is a term of every residential tenancy agreement that a person must not enter the residential premises in the circumstances set out in subsection (1) (b), (c), (d), (e) or (f):

(a) on a Sunday or a public holiday, unless the resident otherwise agrees, and

(b) except between the hours of 8.00 am and 8.00 pm, unless the resident otherwise agrees, and

(c) in the case of a person other than the park owner or the park manager, except with the prior written consent of the park owner or the park manager.

(3) It is a term of every residential tenancy agreement that a written consent referred to in subsection (2) (c) must be produced to the resident.

(4) The Tribunal may, on application by a park owner under a residential tenancy agreement, make an order authorising the park owner or any other person to enter the residential premises.

(5) Without limiting the generality of subsection (4), the Tribunal may make an order under that subsection authorising the park owner or any other person to enter the residential premises for the purpose of determining whether the resident has breached the term of the residential tenancy agreement set out in section 21.

(6) A park owner under a residential tenancy agreement, the park manager or other person referred to in this section must not, during the currency of the agreement, enter the residential premises except as permitted by this section.

Maximum penalty: 10 penalty units.