(1) This section
applies where —
(a) a
park operator has given a notice of termination to a long-stay tenant under
section 39(1)(a) or (b) on the grounds that the tenant has not paid
rent in accordance with the long-stay agreement; and
(b) the
tenant does not give vacant possession of the agreed premises to the park
operator on the day specified in the notice of termination.
(2) The park operator
may apply to the State Administrative Tribunal for —
(a) an
order terminating the long-stay agreement; and
(b) an
order requiring the long-stay tenant to give vacant possession of the premises
to the park operator.
(3) An application
cannot be made —
(a)
before the notice of termination is given to the long-stay tenant; or
(b) more
than 30 days after the day specified in the notice of termination as the
day on which the park operator requires the tenant to give vacant possession
of the agreed premises to the park operator.
(4) If, under
section 39(1)(a), the park operator gave to the long-stay tenant a notice
of termination only, then, on hearing the application, the State
Administrative Tribunal may make the orders if —
(a) the
notice of termination was given in accordance with this Act;
(b) the
day on which the orders are made is at least 21 days after the day on
which the notice of termination was given to the tenant; and
(c) the
park operator was not required to withdraw the application under
section 39(5)(b).
(5) If, under
section 39(1)(b), the park operator gave to the long-stay tenant both a
default notice and a notice of termination, the State Administrative Tribunal
may make the orders if —
(a) the
notices were given in accordance with this Act; and
(b) the
day on which the orders are made is at least 21 days after the day on
which the default notice was given to the tenant.
(6) The State
Administrative Tribunal must specify in an order the day on which the order
takes effect.
(7) The day specified
in the order must be at least 7 days after the day on which the order is
made.
(8) The day specified
in the order may be —
(a) a
day earlier than the last day of the fixed term of a fixed term tenancy; or
(b) a
day earlier than the last day of a period of a periodic tenancy.