Application for confirmation of notice of termination given to resident of caravan park
116 Application for confirmation of notice of termination given to resident of caravan park
This section applies if:
an operator under a caravan park agreement has given a notice of termination to a resident; and
within 3 business days after the day the notice of termination is given to the resident, the operator has applied to the Tribunal for an order confirming the termination.
In giving notice of the application to the resident, the
Tribunal must give the resident an opportunity to respond to the application.
If the Tribunal:
is satisfied there were grounds for the operator to give the notice of termination to the resident and it was reasonable in the circumstances for the owner to give that notice – the Tribunal must confirm the termination; or
is not so satisfied – the Tribunal must declare the termination was invalid.
If the Tribunal declares a termination invalid and considers the resident incurred expenses for accommodation, food and moving expenses that would not otherwise have been incurred, the Tribunal may, as it considers appropriate, order the operator to pay all or
part of the expenses of the resident and others who lived with the resident in the agreement property.
Despite anything to the contrary, the Tribunal must not extend the time for making an application for confirmation of a termination by notice of termination.
In this section:
resident includes a person given a notice of termination even if the person has left the relevant caravan park because of the notice.
Division 6 Notice of termination
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