RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO 8 OF 2010) - SECT 5 New sections 4A and 4B

RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO 8 OF 2010) - SECT 5

After section 4, in Part 1

insert

4A     Meaning of caravan

    (1)     A caravan is either of the following:

    (a)     a caravan as described in subsections (2) to (4);

    (b)     an immovable dwelling situated in a caravan park.

    (2)     A caravan is a trailer:

    (a)     designed principally for residential purposes; and

    (b)     designed to be attached to and towed by a self-propelled vehicle; and

    (c)     that, as originally designed, was capable of being registered under a law of the Territory about the use of vehicles on public roads.

    (3)     Also, a caravan is something:

    (a)     not fitted with wheels; and

    (b)     not designed for permanent attachment to land but designed for attachment to a motor vehicle and for use for residential purposes.

    (4)     In addition, a caravan is a self-propelled vehicle:

    (a)     that:

        (i)     is designed to be used both as a vehicle and for residential purposes; or

        (ii)     was designed to be used solely as a vehicle but has been modified to be suitable for use both as a vehicle and for residential purposes; and

    (b)     that, as originally designed, was capable of being registered under a law of the Territory about the use of vehicles on public roads.

    (5)     A caravan as defined in subsection (1) also includes an annexe used as an extension of the habitable area of the caravan.

4B     Meaning of various terms if tenancy agreement relates to caravan park, and related matters

    (1)     An agreement is a caravan park agreement if the agreement is:

    (a)     a caravan park site agreement; or

    (b)     a caravan park tenancy agreement.

    (2)     A caravan park site agreement is an agreement under which a caravan park owner grants another person, for valuable consideration, a right (that may, but need not, be an exclusive right) to occupy a site in the caravan park, and to place a caravan on the site, for residential purposes.

    (3)     Despite subsection (2), if a caravan is not placed on the site in accordance with the agreement but a tent is placed on the site, on the day the tent is so placed, the agreement stops being a caravan park agreement in relation to the site and this Act does not apply to the agreement.

    (4)     A "caravan park tenancy agreement" means:

    (a)     an agreement under which a caravan park owner grants another person, for valuable consideration, a right (that may, but need not, be an exclusive right) to occupy a site in the caravan park, and a caravan made available on the site by the park owner, for residential purposes; or

    (b)     an agreement (a sub-tenancy agreement ) under which a resident of the caravan park grants another person, for valuable consideration, a right (that may, but need not, be an exclusive right) to occupy the site for which the resident has a right of occupancy, and the caravan on the site (whether a caravan made available by the caravan park owner or installed or located on the site by the resident), for residential purposes.

    (5)     To remove doubt, it is declared for this Act that:

    (a)     a caravan park owner is a landlord ; and

    (b)     a caravan park agreement is a tenancy agreement ; and

    (c)     a resident of a caravan park is a tenant .

    (6)     For this Act, the address in relation to a caravan, or site, in a caravan park is the address of the caravan park unless the caravan park agreement provides for a particular address for the caravan or site.