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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 38

Termination of site agreement by tribunal

38 Termination of site agreement by tribunal

(1) On application by the park owner under a site agreement, the tribunal may make an order (a
"termination order" ) terminating the agreement on any of the following grounds—
(a) the home owner
(i) has contravened a term of the agreement; and
(ii) has failed to remedy the contravention after being given by the park owner a notice, in the approved form, requiring the home owner to remedy the contravention within 28 days after the notice is given;
(b) the home owner has assaulted a person who was lawfully in the residential park;
(c) the home owner has wilfully destroyed property, other than the home owner’s property, on the residential park or site;
(d) the home owner is using the site other than as a place of residence;
Example of the home owner using the site as a place of residence—
the home owner using the site as rental accommodation
(e) the home owner, or the home owner’s tenant or guest—
(i) repeatedly interferes, or has repeatedly interfered, with the quiet enjoyment of the residential park by the park’s residents; and
(ii) continues, or has continued, the behaviour mentioned in subparagraph (i) after the park owner gives the home owner a notice, in the approved form, requiring the home owner to stop the behaviour;
(f) the park owner wishes to use the residential park land, or a part of the park in which the site is located, for another purpose stated in the application (the
"stated purpose" ).
(2) An application for a termination order on the ground mentioned in subsection (1) (f) must be accompanied by a document certified by the local government for the local government area in which the residential park is situated stating it is lawful for the park land, or a part of the park in which the site is located, to be used for the stated purpose.
(3) In this section—

"assault" includes threaten to assault, procure someone else to assault and attempt to assault.



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