Quiet enjoyment
32D Quiet enjoyment
It is a term of a long‑stay agreement that —
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
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
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.
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.
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).
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 —
the copy of the key had been given to the park operator under section 32H(9)(b); and
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.]
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.