Right to possession not lost by forfeiture of head occupancy
123 Right to possession not lost by forfeiture of head occupancy
A person is not entitled to take possession of agreement property under a caravan park agreement so as to defeat the resident's right to occupy the property, unless an order for possession of the agreement property is made by the Tribunal.
Subsection (1) applies even if the entitlement is asserted under a contract for the purchase of a caravan, a mortgage or otherwise than under this Act.
If a person is entitled to possession of agreement property occupied by a resident under a caravan park agreement, Tribunal may, on application of an interested person, vest the operator's interest under the agreement in the person who would, but for the agreement, be entitled to possession of the property so the resident holds the caravan directly from that person as operator.
An order may be made under subsection (3) on the terms and conditions the Tribunal thinks fit.
This Act’s bill:Explanatory statementSecond reading speech
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