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s 32D

Quiet enjoyment

In force
Part 2Long‑stay agreements and conduct of long‑stay tenants and park operators
Division 5Standard terms
Subdivision 2Agreed and shared premises

32D Quiet enjoyment

(1)

It is a term of a long‑stay agreement that —

(a)

the long‑stay tenant has a right to quiet enjoyment of the agreed premises without interruption by the park operator or any person claiming by, through or under the park operator or having superior title to that of the park operator; and

(b)

the park operator must not cause or permit any interference with the reasonable peace, comfort or privacy of the long‑stay tenant in the use by the tenant of the agreed premises or the reasonable use by the tenant of the shared premises; and

(c)

the park operator must take all reasonable steps to enforce the obligation of any other tenant of the park operator not to cause or permit any interference with the reasonable peace, comfort or privacy of the long‑stay tenant in the use by the tenant of the agreed premises or the reasonable use by the tenant of the shared premises.

(2)

A park operator must not cause or permit any interference with the reasonable peace, comfort or privacy of the long‑stay tenant in the use by the tenant of the agreed premises or the reasonable use by the tenant of the shared premises.

Penalty for this subsection: a fine of $10 000.

(3)

The liability of a park operator in civil proceedings is not affected by the commencement of proceedings against, or the conviction of, a park operator for an offence under subsection (2).

(4)

When a charge of an offence under subsection (2) relates to a failure by the park operator to give the long-stay tenant a copy of a key to the premises, it is a defence to the charge to prove that —

(a)

the copy of the key had been given to the park operator under section 32H(9)(b); and

(b)

the tenant was a person to whom the park operator was instructed not to give the copy of the key under section 32H(9)(c)(ii).

[Section 32D inserted: No. 28 of 2020 s. 30.]

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