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s 24

Increase in security bond

In force
Part 2Long‑stay agreements and conduct of long‑stay tenants and park operators
Division 2Security bonds

24 Increase in security bond

(1A)

A park operator must not increase a security bond except under this section.

(1)

When the amount of rent payable under a long‑stay agreement is increased, the park operator may increase the amount of the security bond payable by the long‑stay tenant by giving the tenant a written notice specifying the amount of the increase and the day on which it is payable.

(2)

The day specified in the notice on which the bond is payable must be —

(a)

at least 60 days after the day on which the notice is given; and

(b)

for on‑site home agreements, at least 6 months after —

(i)

if the security bond has been increased — the day of the last increase; or

(ii)

otherwise — the day the long‑stay agreement commenced;

and

(c)

for site‑only agreements, at least 12 months after —

(i)

if the security bond has been increased — the day of the last increase; or

(ii)

otherwise — the day the long‑stay agreement commenced.

(3)

A security bond cannot be increased to an amount that would exceed the sum of —

(a)

4 weeks’ rent under the long‑stay agreement at the time at which the amount of the increase would be payable; and

(b)

if a pet bond is payable — the maximum amount chargeable under section 21(2)(b).

(4)

A notice of increase of the amount of security bond that has been given in accordance with this section and that has not been withdrawn by the park operator varies the long‑stay agreement to the effect that the amount of the increase specified in the notice is payable under the agreement on the day specified in the notice.

(5)

Sections 21(3) and 22 apply to an amount paid under this section.

[Section 24 amended: No. 28 of 2020 s. 23.]

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