New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 125

125 Termination by operator for change in use of residential site

(1) The operator of a community may give a termination notice for a particular residential site on the ground that there is to be a change in use of the site.

(2) A termination notice may not be given under this section unless-

(a) the Tribunal has authorised the operator to give a termination notice because of the proposed change of use of the residential site, and

(b) if the change of use requires development consent under the Environmental Planning and Assessment Act 1979 , development consent for the proposed use has been obtained under that Act.

(3) The Tribunal may, on application by the operator of a community, make an order authorising the operator to give a termination notice in respect of a site agreement because of a proposed change of use of the residential site to which the agreement relates.

(4) The Tribunal is not to authorise the giving of a termination notice under this section if-

(a) the change of use is not proposed in good faith, or

(b) the change of use would permit use of the residential site in connection with an agreement or arrangement referred to in section 7.

(5) A termination notice given under this section must not specify a date for vacating the residential site that is earlier than-

(a) 12 months after the day on which the notice is given, or

(b) in the case of an agreement for a fixed term-the day following the date on which the fixed term ends,

whichever is the later.

(6) The home owner may, within 90 days after receiving a notice specifying a date for vacating the residential site, apply to the Tribunal for an order postponing the date.

(7) Unless the home owner advises the operator in writing that the operator’s assistance under this subsection is not required, the operator is, after giving the termination notice, required to use reasonable endeavours to obtain (or make available) for the home owner alternative accommodation that-

(a) is of approximately the same standard as, and requires no greater financial outlay on the part of the home owner than, the home owner’s current residential site, and

(b) is acceptable to the home owner or reasonably ought to be acceptable to the home owner.

(8) Without otherwise limiting the Tribunal’s powers to make a termination order in connection with the termination notice, the Tribunal is required to take into account the endeavours used by the operator to obtain (or make available) alternative accommodation for the home owner.