Northern Territory Explanatory Statements

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RESIDENTIAL PARKS BILL 2007


The purpose of this Bill is to provide the legal framework to regulate the relationship between residents who live in residential parks and park owners. The key points are:
· voluntary residential park agreements between a park owner for a site or dwelling and a resident who intends to live in the park for more than 60 days;
· application and modification of park rules;
· formation of residents' committees to represent the interests of residents;
· mutual rights and obligations of park owners and residents;
· assignment of resident's interests and sub-tenancy arrangements;
· circumstances and procedures relating to termination of agreements;
· repossession of rented site or dwelling;
· acquisition of an existing park;
· sale of a dwelling in a residential park;
· abandonment of a site or dwelling;
· establishment of the Commissioner of Residential Parks to conduct proceedings for disputes and breaches under the Act; and
· dispute resolution procedures.


NOTES ON CLAUSES
PART 1 PRELIMINARY MATTERS

Clause 1. Short title
When passed, the bill will be known as the Residential Parks Act 2007.

Clause 2. Commencement
The Act will commence on a date fixed by the Administrator through a notice in the Gazette.

Clause 3. Interpretation
This clause defines terms used in the Act.

Clause 4. Application of Act
The Act does not apply to agreements that are not residential park agreements.

The Act does not apply to:
· an agreement for a person living in a hotel/motel, educational institution, college, hospital, nursing home, home for aged or disabled people, retirement village, club premises, or any premises prescribed in the regulations;
· an agreement for board and lodging with another person;
· an agreement for sale of land or a dwelling (or both) that includes a right of occupancy;
· a mortgage; or
· an agreement prescribed in the regulations.
Clause 5. Residential park agreements
A residential park agreement may be:
· a site agreement (where the park owner grants the resident a right to occupy a site to install a dwelling); or
· a tenancy agreement (where the park owner grants the resident a right to occupy a site and dwelling made available by the park owner);
where the residential park is the resident's principal place of residence.

Unless proven otherwise, the residential park is considered to be the resident's principle place of residence if the agreement gives the right to occupy for a fixed term of 90 days or longer, or they have resided at the park under an agreement for 90 days or longer.

An agreement that concerns a right to occupy while the person is on a holiday is not a residential park agreement.

PART 2 RESIDENTIAL PARKS COMMISSIONER

Clause 6. Residential Parks Commissioner
The Commissioner of Tenancies under the Residential Tenancies Act will be the Residential Parks Commissioner.

Clause 7. Powers and functions of the Commissioner
The Residential Parks Commissioner has the same powers and functions regarding residential park agreements as the Commissioner of Tenancies has for tenancy agreements. The Commissioner may delegate some or all of their functions or powers.

Clause 8. Immunity from liability
The Commissioner (past or present) or any person authorised by the Commissioner is not civilly or criminally liable for acts done, or omitted to be done, in good faith whilst exercising powers or functions under the Act.

PART 3 PARK RULES AND RESIDENTS COMMITTEES

Clause 9. Park rules
The park owner may make rules about the use, enjoyment, control and management of the park. These rules can only be about these matters:
· use of common areas and facilities;
· making and abatement of noise;
· sporting and recreational activities;
· speed limits;
· parking;
· refuse disposal;
· pets;
· maintenance standards for dwellings;
· landscaping and maintenance of sites;
· limiting residents to people aged over 50; and
· any other items prescribed by regulation.
Clause 10. Residents' committees
Residents from at least five different occupied sites may form a residents' committee to represent their common interests. Any resident has the right to participate in any organisation of residents. A park owner, or their agent, who unreasonably interferes with this right is liable to a maximum penalty of 100 penalty units.

Clause 11. Amendment of park rules
A park owner may change the park rules but they must first give each resident 14 days written notice. If there is a residents committee, the park owner must first consult with the committee prior to amending the rules. An amendment to park rules includes a variation or revocation of an existing rule or an additional rule.

Clause 12. Application to Commissioner if park rules are considered unreasonable
A joint application may be made by the majority of residents to the Commissioner to declare a park rule unreasonable. The Commissioner may then make an order declaring the rule or proposed rule to be reasonable or unreasonable (in the latter case, the park rule then becomes void), or make an order changing the rule as they find appropriate.

PART 4 FORMATION OF RESIDENTIAL PARK AGREEMENTS

Clause 13. Residential park agreement to be in writing
Residential park agreements must be in writing and include the terms outlined in this Act and regulations (if applicable) as being standard terms for agreements. The agreement must also be written in a clear and precise manner, and identify the relevant site, the park owner's name and address, and the resident's name and place of employment. The agreement must be signed by the park owner and the resident. Maximum penalty for non-compliance is 50 penalty units.

Clause 14. Copies of written agreements
The park owner must make sure the resident receives a copy of the agreement signed by both the park owner and resident. If the agreement given to the resident does not have the park owner's signature, the park owner must sign the agreement within 14 days to fully execute the document. Maximum penalty for non-compliance is 20 penalty units.

Clause 15. Agreements incorporate park rules
The park rules are to be considered as terms within the residential park agreement, even though they may not be explicitly written in the agreement.

Clause 16. Cost of preparing written agreement
The park owner will bear the cost of preparing a residential park agreement.

Clause 17. Information to be provided by park owners to residents
The park owner must make sure the resident is given this information either before or at the time of entering into a residential park agreement:
· a copy of the park rules;
· a copy of an information notice; and
· a written notice explaining the park owner's full name and address, and contact details of any person who will carry out emergency repairs on behalf of the park owner.

Maximum penalty for non-compliance is 20 penalty units.
The park owner must also make sure the resident is given manuals or instructions about the operation of appliances and devices that may be in the rented property or common areas of the park. Non-compliance with this requirement attracts a maximum penalty of 20 penalty units.

A person who takes over as a new park owner must, within 14 days, give the resident written notice of their full name and address, and contact details of any person who will carry out emergency repairs on their behalf. Maximum penalty for non-compliance is 20 penalty units

The park owner must notify residents of any change in their name, address, or contact details within 14 days. Non-compliance attracts a maximum penalty of 20 penalty units.

Clause 18. False information from resident
A resident must not give false information about their identity or job to the park owner. Maximum penalty for non-compliance is 20 penalty units.

Clause 19. Non-compliance not to affect validity or enforceability
A residential park agreement is not considered void or unenforceable if there is non-compliance with a requirement of this Part of the Act (forming agreements).

Clause 20. Discrimination against residents with children
It is an offence to refuse to enter into a residential park agreement on the grounds that a child will be living at the rented property. It is also an offence to instruct someone not to enter into an agreement or state that there will not be an agreement on the same grounds. Maximum penalty for non-compliance is 20 penalty units.

However, this section does not apply if the relevant dwelling is where the park owner (or their agent appointed to manage the park) lives, or is adjacent to where they live. It also does not apply if the park rules limit who can live in the park to those aged over 50, or if particular circumstances are in regulations.

PART 5 MUTUAL RIGHTS AND OBLIGATIONS OF PARK OWNERS AND RESIDENTS

Division 1 Rents and other charges

Clause 21. Permissible consideration for residential park agreement
A person must not claim a resident has to make certain payments under a residential park agreement except rent, bond, or other statutory charges as set out in section 47 (such as electricity, gas, or water). Maximum penalty for non-compliance is 20 penalty units.

Clause 22. Rent in advance
Under a residential park agreement, a person must not require a resident to pay more than two weeks' rent in advance before the end of the first two weeks of the residency. This also applies for the usual payments of rent - that a person cannot require a resident to make a further payment of rent until the end of the last period for which rent has been paid. A person must not require a post-dated cheque (or other instrument of payment).

Maximum penalty for non-compliance of any of these situations is 20 penalty units.



Clause 23. Method of payment of rent
It will be an offence for a park owner to require a resident to make their rent payment at the rented property unless reasonable alternative arrangements that do not involve personal attendance at the rented property have been offered by the park owner, but rejected by the resident. Maximum penalty for non-compliance is 20 penalty units.

Clause 24. Variation of rent
A park owner may increase rent under a residential park agreement by giving the resident at least 60 days written notice. The right to vary rent may be excluded or limited by terms set out in the agreement. Rent cannot be varied during the term of a fixed term agreement unless specified in the agreement. Otherwise, rent can only be increased six months after the date of the agreement or since the last increase.

The rent amount may be decreased by mutual agreement of the park owner and resident. This could be done on a temporary basis for a specified period of time, after which the rent reverts to its usual rate.

If the rent is varied, the relevant terms of the agreement are likewise varied accordingly.

If the agreement stipulates automatic variation of rent, this section does not affect the operation of the agreement.

In relation to this section, a series of agreements between the same parties for the same site is regarded as a single agreement unless at least six months have elapsed since the rent was fixed or increased.

Clause 25. Commissioner may declare rent excessive
An application may be made by a resident to the Commissioner to declare a proposed rent increase is excessive. The application must be made within 30 days of receiving notice of the rent increase. In considering the matter, the Commissioner must take into account:
· rent amounts for comparable rented properties in the same or similar locations;
· the estimated capital value of the rented property;
· payments for which the park owner is liable under the agreement;
· the estimated cost of services provided by the park owner under the agreement;
· the nature and value of furnishings and equipment provided by the park owner for the resident's use;
· the condition of the rented property;
· the amenity and standard of the common areas in the park; and
· any other relevant matters.

The Commissioner may then make an order declaring the rent is excessive and may fix the payable rent for a certain period (not exceeding a year). The park owner may apply to the Commissioner to vary or revoke an order made under this section. If the park owner breaches the order by seeking (and receiving) rent payment above that amount set by the Commissioner, they are liable for a maximum of 20 penalty units.

This section also applies to other charges set out in section 47, such as water, electricity or gas.


Clause 26. Park owner's duty to keep proper records of rent
A park owner must ensure proper records about rent received are kept. A person must not make a false entry in these records or falsify the records in any way. Maximum penalty for non-compliance of either of these situations is 20 penalty units.

Clause 27. Duty to give receipt for rent
A person who receives rent under a residential park agreement must give the person paying the rent a receipt within 48 hours. The receipt must state:
· date of payment;
· name of person paying the rent;
· amount paid;
· period of occupancy to which the rent applies; and
· address of the rented property to which the rent applies.

Maximum penalty for non-compliance is 20 penalty units.

However, if the resident makes the payment into an account kept by the park owner (or their agent), and all the above details are recorded in a written record by the park owner (or their agent), a receipt is not required.

Clause 28. Accrual and apportionment of rent
Rent payable under an agreement accrues from day to day.

If the agreement expires before the end of a period for which rent had been paid in advance, the park owner must either refund the appropriate proportion of rent or apply that proportion to other liabilities owed by the resident to the park owner.

Clause 29. Abolition of distress for rent
A park owner is not entitled to seize goods of a resident who has not paid rent which is payable under a residential park agreement.

Division 2 Condition reports and bonds

Clause 30. Condition reports
The Residential Tenancies Act Park 5, Division 1, applies when a resident takes possession of a rented property under a residential park agreement. The terminology used in that Act is adapted to suit the Residential Parks Act.

The Division, titled 'condition reports', describes the requirements of a written report which the park owner must give to the resident at the beginning of the occupancy of the rented property. The report must specify the condition of walls, floors and ceilings of each room, and itemise and describe the condition of fixtures or chattels. The park owner must fill in the condition report in the presence of the resident (or their representative) unless it is impractical to do so. The resident may, within five working days of receiving the report, accept and sign it then return it to the park owner. They may make changes which they believe are necessary. Not responding within the five days implies they have accepted the condition report. Once received, the park owner has a further five days to accept the changes, reach agreement with the resident about any changes, or apply to the Commissioner for a decision.


Clause 31. Bonds
A park owner can only require one bond or a security deposit (up to four weeks' rent) for a residential park agreement. Maximum penalty for non-compliance is 20 penalty units.

For security deposits, sections 31 and 32 of the Residential Tenancies Act apply:
· the park owner must give a receipt of the deposit with certain details; and
· if so requested, the park owner must give the resident a statement describing the account which holds the deposit.

Clause 32. Bond to be held in trust
The bond must be held in trust for the resident into an account at an ADI or a statutory corporation. If the park owner leaves the Territory for more than a fortnight, they must pay the money to a real estate agent or a person approved by the Commissioner.

Clause 33. Repayment of bond
If a resident has given up vacant possession of the rented property, or they have abandoned the property, Part 12 and sections 121 and 122 of the Residential Tenancies Act apply, which includes:
· complete a condition report of the rented property;
· return the security deposit to the resident or retain all or some of the amount to make good damage, replace lost or destroyed property, clean property, replace locks, or pay for unpaid rent or charges;
· if the rented property has been abandoned by the resident, the park owner may continue to hold in trust the security deposit as compensation for loss of rent; or
· the Commissioner may deal with disputes relating to security deposits.

Division 3 Terms of residential parks agreements

Subdivision 1 Resident's entitlement to possession and quiet enjoyment

Clause 34. Vacant possession etc
It is part of the residential park agreement that the resident is entitled to vacant possession of the relevant property from the day the agreement commences.

Clause 35. Quiet enjoyment
It is part of the residential park agreement that the resident is entitled to quiet enjoyment of the rented property without interruption by the park owner, who must not cause, or permit, an interference with the reasonable peace of the resident's use of the property and common areas. The park owner must also take reasonable steps to prevent other residents causing or permitting interference with the reasonable peace and privacy of the rented property and common areas. If the park owner breaches any of these terms, it may amount to harassment of the resident, attracting a maximum penalty of 20 penalty units.

Subdivision 2 Park owner's obligations

Clause 36. Tenancy agreement- security of dwelling
It is a term of the residential park agreement that the park owner must provide and maintain locks and other security devices to ensure the rented dwelling is reasonably secure. The park owner or resident must not remove or alter these locks or devices without mutual consent. Maximum penalty for non-compliance is 20 penalty units.

Clause 37. Access to residential park
It is a term of the residential park agreement that the park owner must provide 24 hours vehicular access for the resident to the residential park, the relevant rented property, and common areas. If gates, or some other security device such as boom gates, are installed, the park owner must give a key or opening device to the resident. The park owner has the onus to maintain the security devices in working order and must not exclude or restrict access by the resident. Maximum penalty for non-compliance is 20 penalty units.

Clause 38. Park owner's responsibility for cleanliness
It is a term of the residential park agreement that the park owner must ensure the rented property is clean when the resident enters into the agreement, and they must keep the common areas, gardens, and other areas of the park in a reasonable state of cleanliness. The park owner must also arrange for regular garbage collection.

Clause 39. Park owner's obligation to repair
It is a term of the residential park agreement that the park owner must ensure the rented property and common areas of the park are in a reasonable state of repair and will carry out repairs as needed.

If the rented property needs some repairs that, if not attended to may result in personal injury or damage to property or inconvenience to the resident, but the park owner has not made the repairs despite the resident alerting them, the resident is entitled to recover any costs they may have incurred in making the repairs.

This obligation to repair also extends to trees in the residential park in maintaining safety to residents and property.

Subdivision 3 Resident's obligations

Clause 40. Resident's responsibility for cleanliness and damage
It is a term of the residential park agreement that the resident must keep the rented property clean and must notify the park owner of any damage to the property or common areas. They also must not intentionally or negligently cause or permit damage to the property or common areas - maximum penalty for non-compliance is 20 penalty units.

When the term of the residential park agreement expires, the resident must return the rented property to the park owner in a reasonable state of cleanliness and this is measured in relation to the condition of the property when the resident entered into the agreement.

Clause 41. Tenancy agreement - alteration of rented property
It is term of the residential park agreement that the resident must not add or remove a fixture or make alterations to the rented property without written consent of the park owner.

If the resident does cause damage by removing a fixture, they must notify the park owner and either repair the damage at their cost or compensate the park owner for the repair costs. In either circumstance, the park owner must not unreasonably withhold consent and must not make any extra charge for the repair expenses.




Clause 42. Site agreement - alternations on site
It is a term of a site agreement that the resident must not make alterations or additions to the outside of the dwelling without the park owner's consent. The park owner must not unreasonably withhold consent and must not charge the resident for giving consent.

Clause 43. Resident's conduct
It is a term of the residential park agreement that the resident must not use the rented property or common areas (or cause/permit the use of those areas) for an illegal purpose. They must also not cause/permit a nuisance or interfere with the reasonable peace, comfort or privacy of other residents.

Subdivision 4 Right of entry

Clause 44. Tenancy agreement - right of entry
It is a term of the residential park agreement that the park owner may only enter the rented property in any of these circumstances:
· in times of an emergency (such as carrying out urgent repairs or to avert danger to life or property);
· at a time pre-arranged with the resident to collect rent (not more often than once a week);
· to read meters for electricity, water or gas;
· to inspect the rented property as pre-arranged with the resident (not more often than once every three months);
· to carry out maintenance or repairs (with 48 hours notice to the resident);
· to show the property to prospective residents or purchasers (with notice to current resident); or
· if the park owner believes the property has been abandoned by the resident.

Clause 45. Site agreement - right of entry
It is a term of a site agreement that the park owner may only enter the rented property in any of these circumstances:
· in times of emergency to avert danger to life or property;
· to read meters for electricity, water or gas;
· to ensure compliance with requirements relating to separation distances between structures on neighbouring sites;
· to maintain lawns or gardens; or
· in accordance with regulations.

Clause 46. Manner of exercise of right of entry
It is a term of the residential park agreement that a park owner must not act in an unreasonably intrusive manner on a rented property when exercising their right of entry, and they must not enter areas not relevant to the reason for entry or remain on the property for longer than is reasonably necessary.

Subdivision 5 Other terms

Clause 47. Statutory and other charges in respect of rented property
The park owner must bear costs of all statutory charges relating to the rented property. However, as a term of the residential park agreement, the park owner may require the resident to pay water, electricity or gas charges as per meters on the rented property. Regulations may state that the resident does not have to make such payments unless the park owner provides certain information to the resident showing details of the consumption, such as accounts or receipts.

If the rented property does not have meters, the park owner must ensure the residential park agreement includes the basis for calculating charges to cover consumption and that these charges are included in rent.

Clause 48. Vicarious liability
It is a term of the residential park agreement that the resident is responsible for a person who is at the rented property at their invitation or consent if that person commits an act or omission that could constitute a breach of the agreement.

Clause 49. Harsh or unconscionable terms
On application of a resident, the Commissioner may make an order rescinding or varying a term of a residential park agreement if the Commissioner believes the term is harsh or unconscionable. The Commissioner may then make changes to the agreement or a related document.

Clause 50. Accelerated rent and liquidated damages
Any provision in a residential park agreement that seeks the resident to make any of these payments if there is a breach by the resident is void:
· all or part of remaining rent under the agreement;
· increased rent;
· penalty;
· liquidated damages.

Maximum penalty for non-compliance is 20 penalty units.

Division 4 Duty of mitigation

Clause 51. Duty of mitigation
The rules of law of contract about mitigation of loss or damage due to breach of contact apply to a breach of a residential park agreement.

PART 6 ASSIGNMENTS AND SUB-TENANCY AGREEMENTS

Division 1 Assignment of resident's interest

Clause 52. Assignment of resident's interest permitted with consent
It is a term of a residential park agreement that the resident may assign their interest in the agreement to another person with the consent of the park owner.

Clause 53. Consent to assignment
The resident may seek the park owner's consent to assign their interest in an agreement by giving the park owner written notice of the full name and contact details of the proposed assignee and requesting the park owner give consent. A park owner is taken to have consented if they have not given consent within seven days or they have unreasonably refused to consent.

On application by the park owner or resident, the Commissioner may declare the consent of the park owner was reasonably or unreasonably refused.

Clause 54. Effect of assignment
If a residential park agreement is assigned to a person, they become the resident under the agreement and are thus responsible for liabilities from the date of the assignment.

However, if the park owner had not given consent to the assignment, the original resident remains liable to the park owner under the agreement. This does not apply is the agreement is for a periodic tenancy and the liability accrued more than 21 days after the park owner became aware of the assignment.

Clause 55. Termination of agreement
The park owner may terminate a residential park agreement if the resident has assigned their interest without the park owner's consent. This can only happen if the park owner had not unreasonably withheld their consent and gave notice of termination within 21 days after being aware of the assignment.

If the park owner had not given consent to an assignment, and had, prior to the assignment served a notice of termination on the resident, the park owner may enforce the notice on the new resident who has taken over the agreement.

Division 2 Sub-tenancy agreements

Clause 56. Sub-tenancy agreements
A resident with a residential park agreement may enter into a sub-tenancy agreement with another person for the site or dwelling to which the agreement applies. The sub-tenancy arrangement may be in writing or be an oral agreement.

It is a term of a residential park agreement that sub-leasing can only be done:
· if the park rules define the terms of sub-leasing; and
· the park owner consents; and
· the resident has an agreement with the park owner where the latter will act as managing agent for the resident in accordance with the park rules.

PART 7 TERMINATION OF RESIDENTIAL PARK AGREEMENTS

Division 1 Termination generally

Clause 57. Termination of residential park agreement
A residential park agreement is terminated in any of these situations:
· the park owner or resident terminates the agreement by the appropriate method under this Act;
· the Commissioner terminates the agreement;
· a person with title that is superior to that of the park owner becomes entitled to possession of the rented property as per an order of the Commissioner or a court;
· a mortgagee takes possession of the rented property;
· the resident abandons the rented property;
· the resident dies without leaving dependents to take over the agreement;
· the resident gives up possession with the park owner's consent; or
· the resident's interest merges with another estate or interest in the relevant land.

Clause 58. Agreement for fixed term continues if not terminated
At, or near the, expiry of a fixed term agreement that has not been terminated, the agreement continues in increments equal to the rental payment periods under the same terms.

Clause 59. Termination of agreement for periodic tenancy
A notice terminating a periodic tenancy residential park agreement is still valid even though the day for which the agreement is to end is not necessarily the last day of the tenancy.

Clause 60. Limitation of right to terminate
In situations where the Commissioner has made an order (or is still considering a case) concerning excessive rent, the park owner may only terminate the agreement based on a specified ground/s which is authorised by the Commissioner. This does not apply to fixed term agreements where the park owner issues a notice to terminate at the end of the term.

Division 2 Termination by park owner

Clause 61. Termination for breach of agreement
If a resident breaches their residential park agreement the park owner may give them a written notice specifying the breach and explaining that if the breach is not remedied within the prescribed period, the agreement is terminated and the resident must give up vacant possession. The prescribed period is:
· for a tenancy agreement - at least 14 days from the date of the notice;
· for a site agreement - at least 28 days from the date of the notice.

If the breach concerns failure to pay rent, the notice is only effectual if the rent (or part thereof) has been unpaid for seven or more days. The notice is still valid even though the park owner may not have made a formal demand for the payment.

If the breach relates to a fixed term agreement, the notice is still valid even if the date specified for which the resident must give up vacant possession is before the last day of the term.

After receiving the notice, and before the date demanding vacant possession, the resident may apply to the Commissioner for an order declaring they are not in breach of the agreement or they have remedied the breach. They can also apply to the Commissioner to reinstate the agreement. In making their order, the Commissioner may specify certain conditions.

Clause 62. Termination where successive breaches of agreement
A park owner may give a resident notice of termination on the grounds that the resident has breached a term of the agreement, and that this same breach has occurred on at least two previous occasions which each received a notice under section 61. For breaches not concerning failure to pay rent, the period of notice is:
· for a tenancy agreement - at least 14 days.
· for a site agreement - at least 28 days.

If the breach concerns failure to pay rent, the notice is only effectual if the rent (or part thereof) has been unpaid for seven or more days. The notice is still valid even though the park owner may not have made a formal demand for the payment. The period of notice must be at least seven days.

Clause 63. Termination where serious misconduct by resident
A park owner may give the resident notice of termination on the grounds that the resident, or a person on the rented property with the consent of the resident, has intentionally or recklessly caused or permitted (or is likely to cause or permit) any of the following circumstances:
· personal injury to the park owner or their agent, or to another person in the residential park or its vicinity;
· serious damage to the rented property or other property in the park; or
· serious interference with the peace, comfort or privacy of other residents either within the park or its vicinity.

The notice may terminate the agreement immediately.

Clause 64. Termination where periodic tenancy and sale of rented property
A park owner may give the resident notice of termination concerning a periodic tenancy on the grounds that they have entered into a contract for the sale of the rented property and the contract stipulates the park owner is to give vacant possession of the property.

The period of notice must be at least 28 days or a single period of the tenancy, whichever is the longer period.

A person must not falsely state this ground of termination - maximum penalty for breach is 100 penalty units.

A park owner who has regained possession of the rented property under this section must not enter into a tenancy agreement with any person for the same property within six months, unless they have the consent of the Commissioner. Maximum penalty for breach is 100 penalty units.

Clause 65. Termination where periodic tenancy and no specified ground of termination
A park owner may give the resident notice of termination concerning a residential park agreement without having to give grounds for termination. However, this cannot be the case where there is an order (or proceedings) from the Commissioner for excessive rent (section 25).

The period of notice is:
· for a tenancy agreement - at least 60 days or a single period of the tenancy, whichever is the longer period.
· for a site agreement - at least 90 days.

Clause 66. Termination at end of fixed term
A park owner may give the resident notice of termination concerning a fixed term agreement to terminate the agreement at the end of the fixed term without having to give grounds for termination. The period of notice must be at least 28 days.



Clause 67. Termination where agreement frustrated
A park owner may give the resident notice of termination concerning a residential park agreement on the grounds that, other than a breach of the agreement, any of these situations apply to the rented property:
· it has been destroyed or is uninhabitable;
· it has ceased to be lawfully usable for residential purposes;
· it has been compulsorily acquired.

In the case of the first two instances, the notice may terminate the agreement immediately. In the case of the third instance, the period of notice must be at least 60 days.

Division 3 Termination by resident

Clause 68. Termination for breach of agreement
If a park owner breaches a residential park agreement the resident may give them written notice specifying the breach and explaining that if the breach is not remedied within (at least) 14 days the agreement is terminated and the resident will give up vacant possession.

After receiving the notice, and before the date given in the notice or when the resident surrenders possession (whichever is the later date), the park owner may apply to the Commissioner for an order declaring they are not in breach of the agreement or they have remedied the breach. They can also apply to the Commissioner to reinstate the agreement. In making their order, the Commissioner may specify certain conditions.

Clause 69. Termination where successive breaches of agreement
A resident may give a park owner notice of termination on the grounds that the park owner has breached a term of the agreement, and that this same breach has occurred on at least two previous occasions which each received a notice under section 68. The period of notice must be at least 14 days.

Clause 70. Termination where periodic tenancy and no specified ground of termination
A resident may give the park owner notice of termination concerning a periodic tenancy agreement without having to give grounds for the termination. The period of notice is:
· for a tenancy agreement - at least 21 days or a single period of the tenancy, whichever is the longer period.
· for a site agreement - at least 28 days or a single period of the tenancy, whichever is the longer period.

Clause 71. Termination at end of fixed term
A resident may give the park owner notice of termination concerning a fixed term agreement to terminate the agreement at the end of the fixed term without having to give grounds for termination. The period of notice must be at least 28 days.

Clause 72. Termination where agreement frustrated
A resident may give the park owner notice of termination concerning a residential park agreement on the grounds that, other than a breach of the agreement, any of these situations apply to the rented property:
· it has been destroyed or is uninhabitable;
· it has ceased to be lawfully usable for residential purposes; or
· it has been compulsorily acquired.

The notice may terminate the agreement immediately.

Division 4 Termination by Commissioner

Clause 73. Termination on application by park owner
On application of the park owner, the Commissioner may terminate a residential park agreement and make an order for possession of the rented property if satisfied that the resident has committed a breach of the agreement serious enough to justify termination.

Clause 74. Termination on application by resident
On application of the resident, the Commissioner may terminate a residential park agreement and make an order for possession of the rented property if satisfied that the park owner has committed a breach of the agreement serious enough to justify termination.

Clause 75. Termination based on hardship
On application by the park owner or resident, the Commissioner may make an order to terminate the agreement if satisfied that the continuation of the agreement would result in undue hardship to either party. The Commissioner may further order compensation to the park owner or resident for loss and inconvenience resulting, or likely to result, from early termination of the agreement.

Division 5 Form notices of termination

Clause 76. Form of notice of termination
A notice of termination to a resident by a park owner must meet all these requirements:
· be written and in the approved form;
· be signed by the park owner or their agent;
· contain the address of the rented property;
· state the date for vacant possession to be relinquished;
· specify the grounds for termination, if applicable; and
· any further information required by the Commissioner.

A notice of termination to a park owner by a resident must meet all these requirements:
· be written and in the approved form;
· be signed by the resident or their agent;
· contain the address of the rented property;
· state the date for vacant possession to be relinquished;
· specify the grounds for termination, if applicable; and
· any further information required by the Commissioner.

Division 6 Repossession of rented property

Clause 77. Order for possession
On application by the park owner, the Commissioner may make an order for the possession of the rented property if satisfied that a residential park agreement has terminated. The date for possession cannot be more than a fortnight after the date of the order.
However, if the Commissioner believes the possession order may cause severe hardship to the resident, they may suspend the order for up to 90 days and extend the agreement until the park owner obtains vacant possession. The Commissioner may amend the agreement in these circumstances, although this cannot reduce the resident's financial obligations under the agreement except as may be necessary for recovery of any compensation due to the resident.

The park owner is entitled to compensation for any loss caused by the resident failing to comply with a possession order, and they may apply to the Commissioner for an order to the resident to pay this compensation.

Clause 78. Abandonment of rented property
On application by the park owner, the Commissioner may declare that a resident has abandoned a rented property and order immediate possession by the park owner.

The Commissioner is to consider the following matters in determining whether the property has been abandoned:
· if rent is unpaid;
· if the dwelling is unoccupied and neglected;
· if the resident's mail is being collected;
· reports from neighbours or other people about the absence or location of the resident;
· if services to the rented property are still connected;
· if the resident's personal effects have been removed; and
· any other matters considered relevant.

If it is considered that the resident has abandoned the property, the park owner is entitled to compensation for any loss caused by the abandonment, such as loss of rent. However, the park owner must take steps to lessen any loss and, if that loss could have been avoided by those steps, they would not be entitled to compensation. The park owner may apply to the Commissioner for an order to the resident to pay this compensation.

Clause 79. Repossession of rented property
Possession of the rented property cannot be made unless the resident has abandoned or given up possession of the property or the Commissioner has authorised the possession. Maximum penalty for non-compliance is 100 penalty units.

Clause 80. Forfeiture of head tenancy not to automatically end agreement
A person cannot take possession of a rented property for the reason of taking away the resident's right of possession unless the Commissioner or a court has made an order.

Clause 81. Enforcement of orders for possession
If a Commissioner's order for possession of a rented property has not been complied with, an application may be made to the Local Court to enforce the order. In enforcing the order, a bailiff may then enter the rented property, ask questions, and undertake any necessary actions. They would be responsible for only removing persons, not property. A bailiff may request assistance from police. Maximum penalty for hindering a bailiff is 100 penalty units. Maximum penalty for a person refusing or failing to answer questions under this section (except if it may incriminate them) is 100 penalty units.

Division 7 Retaliatory action by park owner
Clause 82. Retaliatory action by park owner
A Commissioner may refuse an application or reinstate a residential park agreement if satisfied that an application for termination and/or re-possession by a park owner is wholly or partly motivated because the resident complained to a government authority or was enforcing their rights as a resident. If the resident alleges such retaliatory action, the burden will be with the park owner to prove they were not wholly or partly motivated by that action.

Division 8 Resident to give forwarding address

Clause 83. Resident to give forwarding address
If a residential park agreement has been terminated, or a notice has been issued to terminate, the resident must provide the park owner with their forwarding address (when known) if requested. Maximum penalty for non-compliance is 20 penalty units.

Division 9 Abandoned property

Clause 84. Abandoned property
Abandoned property refers to property left at a site by a resident after their agreement has been terminated.

Clause 85. Offence to deal with abandoned property in unauthorised way
A park owner can only deal with abandoned property in accordance with this Division. Maximum penalty for non-compliance is 100 penalty units.

Clause 86. Action to deal with abandoned property other than personal documents
After recovering possession, the park owner may remove and dispose of perishable foodstuffs as abandoned property. The park owner may also remove and dispose of other abandoned property if the value of that property is less than a fair estimate of costs to remove, store and sell the property.

For valuable abandoned property, the park owner must notify the resident via their forwarding address or, if this is unknown, publish a notice in a newspaper, or give notice to another person who may have an interest in the property. The park owner must then keep the property safe for at least 28 days.

A person entitled to possession of valuable abandoned property may reclaim the property by paying the park owner reasonable costs which they incurred through dealing with the property.

If the valuable abandoned property is not claimed by 28 days, the park owner must have the property sold by public auction. From the proceeds of this sale, the park owner may retain their costs in dealing with the property and any other amounts owing under the residential park agreement. The balance must be paid to the owner of the property or to the Commissioner (to be credited to the Tenancies Trust Account) if the owner's address is unknown. The purchaser of the property acquires title to the property which overrides the resident's (or other person's) interest in the property.

Disputes between the park owner and resident concerning this section may be taken to the Commissioner who may make an order.



Clause 87. Action to deal with abandoned personal documents
For abandoned personal documents, the park owner must give notice to the resident via their forwarding address and keep the documents safe for at least 28 days. If the documents are unclaimed after that time, the park owner may destroy or dispose of the documents.

Clause 88. Action to deal with abandoned dwellings or prescribed items
For abandoned dwellings or items prescribed in regulations, the park owner cannot take action unless the Commissioner has made an order for possession of the site. If proceedings are pending, the park owner must take reasonable steps to keep the property safe on the site.

PART 8 ACQUISITION OF PARK OR SITE

Clause 89. Acquisition of park or site
This section applies when title to all or part of the residential park, containing dwellings or sites under agreements lasting more than a year, has been acquired by a new owner.

The new owner may give notice of termination to the resident without providing grounds of termination. The notice must be given within 14 days of the new owner's acquisition, specifying the date of termination which must be either the end of the current agreement's term or twelve months from the date of the new owner's acquisition (whichever is the earlier).

On receiving the notice, the resident may give the new owner 28 days' notice of termination without specifying grounds of termination.

PART 9 SALE OF DWELLING ON SITE

Clause 90. Sale of dwelling on-site
A resident under a site agreement is entitled to sell their dwelling and must inform the park owner of their intention to sell. A park owner or their agent must not hinder the sale - maximum penalty for non-compliance is 100 penalty units. However, a park owner would not be contravening this requirement if they had reasonably refused consent to a proposed assignment of the resident's interest in the site agreement.

PART 10 DISPUTE RESOLUTION

Clause 91. Application to Commissioner
A park owner or resident may apply to the Commissioner for any of these circumstances:
· an alleged breach of the residential park agreement or a provision of the Act;
· if a provision of the Act allows such an application; or
· a dispute has arisen between the parties to an agreement or between residents relating to a residency.

The application must be in writing with a brief summary of the matter and include the required fee.

An application may be withdrawn at any time by written notice to the Commissioner and other parties.
Clause 92. Application of Parts 14 and 15 of Residential Tenancies Act
The provisions of the Residential Tenancies Act relating to dispute resolution and appeals to the Local Court or Commissioner in matters concerning tenants giving up vacant possession apply to this Act.

PART 11 NOTICES

Clause 93. Service of notices
Notices or documents served under this Act may be given to the person or their agent in person, sent by post, or left in a letterbox or other place where it is likely to come to the recipient's attention. If the whereabouts of the recipient is unknown, the notice or document may be advertised in a newspaper.

If two or more persons are the park owners or residents under a residential park agreement, giving a notice or document to one of them is considered duly given.

Clause 94. Right to be notified of change of park owner's name or address
A park owner must give written notification to a resident under a residential park agreement of their change of address within 14 days of the change. Maximum penalty for non-compliance is 20 penalty units.

A new park owner who has taken over title of a residential park must given written notification to a resident under an agreement of their full name and address within 14 days of succeeding the title to the park. Maximum penalty for non-compliance is 20 penalty units.

Clause 95. Notice or payment to park owner's agent sufficient
Any requirements under this Act for the resident to give notice or a document to the park owner, or pay money to the park owner, it is sufficient that the resident does so to the park owner's agent.

If the resident has not been notified of the contact details of the new park owner, it is sufficient if they give notice, or the document, or money, to the last-known park owner.

PART 12 MISCELLANEOUS MATTERS

Clause 96. Contract to avoid Act
Any agreement or arrangement that is inconsistent with this Act, or aims to exclude, modify or restrict the Act, is void. Any alleged waiver of a right under this Act is also void. A person who enters into such an agreement or arrangement is guilty of an offence - maximum penalty is 500 penalty units.

Clause 97. Notice by park owner not waived by acceptance of rent
If a park owner either demands or accepts a rent payment by the resident, after they have given notice about a breach or termination of an agreement, the payment is not to be considered as a waiver of the breach or termination notice.

Clause 98. Exemptions
On application by an interested person, the Commissioner may make an order that a provision of this Act will not apply in relation to an agreement or rented property, or will be modified.
PART 13 REGULATIONS

Clause 99. Regulation making power
The Administrator may make regulations under this Act which may:
· state that certain provisions of this Act do not apply to a specified class of residential park agreements or rented property;
· modify certain provisions of this Act in application to a specified class of residential park agreements or rented property;
· prescribe terms to be implied or included in agreements or class of agreements;
· prescribe a penalty (not more than 20 penalty units) for breach of a regulation;
· prescribe an offence against regulations as being a regulatory offence;
· provide for payment of a prescribed amount instead of a penalty for an offence against the Act or regulations; or
· prescribe the service of notices and the particulars to be included in the notices.

PART 14 TRANSITIONAL MATTERS

Clause 100. Application to existing residential park agreements
This Act applies to residential park agreements that may have been entered into before the commencement of this Act.

Clause 101. Application to existing park rules
Part 3 of this Act (park rules and residents committees) also applies to rules and committees that may have been made before the commencement of this Act.

Clause 102. Exemption by Minister
The Minister may grant an exemption from the application of this Act, or a provision, in relation to any of the following which may have been entered into before the commencement of this Act:
· agreements;
· a specified agreement or class of agreements;
· rules; or
· a specified rule or class of rules.

Clause 103. Existing residential park agreements need not comply with formal requirements
A residential park agreement that is in force at the commencement of this Act does not necessarily have to be in writing or comply with the requirements under section 13.

Clause 104. Existing bond to be held in trust
Any bond that is held at the commencement of this Act must, within seven days, by paid into an account established for the purposes of section 50 of the Agents Licensing Act or in an account kept by the park owner at an ADI or a statutory corporation. Maximum penalty for non-compliance is 50 penalty units.

 

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