New South Wales Consolidated Acts

RESIDENTIAL PARKS ACT 1998 - SECT 99

99 Termination by park owner because dwelling is dilapidated

(cf RT Act cl 7 of Sch 3)

(1) A park owner may give notice of termination of a residential site agreement to the resident on the ground that the resident is in breach of the agreement because of the dilapidated condition of the dwelling installed on the residential site.

(2) A notice of termination may not be given unless:

(a) the breach is serious, and

(b) the park owner has given the resident a direction requiring the condition of the dwelling to be rectified, and

(c) the resident has failed to comply with the direction within 90 days after it was given, and

(d) the park owner has (after the expiry of the 90-day period referred to in paragraph (c)) given the resident a further direction requiring the condition of the dwelling to be rectified, and

(e) the resident has failed to comply with the further direction within 30 days after it was given.

(3) A notice of termination must not specify a date for vacating the residential site earlier than 60 days after the day on which the notice is given.

(4) A resident to whom a notice of termination is given may, within 60 days after receiving the notice, apply to the Tribunal for an order rescinding the notice or postponing the date for vacating the residential site.

(5) In this section:
"dwelling" means a relocatable home or a registrable moveable dwelling with a rigid annexe attached to it.