Breach by operator
110 Breach by operator
(1) This section applies if an operator breaches a term of a caravan park agreement that:
is a term of the agreement because of this Act; or
(b) is specified in the agreement to be a term that, if breached, permits the resident to terminate the agreement.
(2) The resident may give the operator a notice, signed by the resident, stating the following:
the address of the agreement property;
the operator is in breach of the agreement;
the nature of the breach;
(d) the operator is required to remedy the breach, or take steps to the resident's satisfaction to do so, before the date specified in the notice (at least 7 days after the notice is given);
(e) if the operator does not remedy the breach or take steps to the resident's satisfaction to do so, as required, the resident intends to apply to the Tribunal or a court for an order for termination of the occupancy and permitting the resident to give up possession of the agreement property.
(3) If the operator does not remedy the breach or take steps to the resident's satisfaction to do so, as required by the notice, the resident may apply under section 115 for an order terminating the occupancy and permitting the resident to give up possession of the agreement property.
(4) The resident must make the application no later than 14 days after the date specified in the notice under subsection (2)(d).
This Act’s bill:Explanatory statementSecond reading speech
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