Urgent repairs
32M Urgent repairs
In this section —
essential service means a service prescribed as an essential service;
suitable repairer, in relation to urgent repairs, means a person who is suitably qualified, trained or, if necessary under a written law, licensed or otherwise authorised, to undertake the urgent repairs;
urgent repairs, in relation to agreed premises, means repairs to the premises that are necessary —
for the supply or restoration of an essential service; or
to avoid —
exposing a person to the risk of injury; or
exposing property to damage; or
causing the long‑stay tenant undue hardship or inconvenience.
It is a term of a long‑stay agreement that if a need of urgent repairs arises otherwise than as a result of the breach of the agreement by the long‑stay tenant —
the tenant must notify the park operator of the need for those repairs as soon as practicable after the need arises; and
the park operator must ensure that the repairs are carried out by a suitable repairer as soon as practicable after that notification.
It is a term of a long‑stay agreement that the long‑stay tenant may arrange for the urgent repairs to be carried out by a suitable repairer to the minimum extent necessary to effect those repairs if —
the tenant is unable to contact the park operator within —
in relation to urgent repairs for the supply or restoration of an essential service — 24 hours; or
in relation to other urgent repairs — 48 hours or any longer prescribed period;
or
the tenant contacts the park operator about the need for the urgent repairs but the park operator fails to ensure that the repairs are carried out by a suitable repairer as soon as practicable after the notification.
It is a term of a long‑stay agreement that if the long‑stay tenant arranges for the urgent repairs to be carried out under subsection (3), the park operator must, as soon as practicable after the repairs are carried out, reimburse the tenant for the reasonable expense incurred in arranging for those repairs to be carried out.
[Section 32M inserted: No. 28 of 2020 s. 30.]
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