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s 42

Termination of on‑site home agreements by park operator without grounds

In force
Part 3Termination of long‑stay agreements
Division 2Grounds for notice of termination by park operator

42 Termination of on‑site home agreements by park operator without grounds

(1)

A park operator may give a notice of termination to a long‑stay tenant to terminate an on‑site home agreement without grounds.

(2)

The notice of termination must —

(a)

state that the park operator intends to terminate the on‑site home agreement under this section; and

(b)

specify the day (the specified day) on or before which the park operator requires the long‑stay tenant to give vacant possession of the agreed premises to the park operator; and

(c)

comply with section 38.

(3)

The specified day —

(a)

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

(b)

for a fixed term tenancy — must not be a day earlier than the last day of the term of the tenancy; and

(c)

for a periodic tenancy — may be a day earlier than the last day of a period of the tenancy.

[(4) deleted]

(5)

Unless the State Administrative Tribunal otherwise orders under section 74, a notice of termination under this section is of no effect if —

(a)

an application for an order under section 63(1) fixing the maximum rent for the agreed premises has been made but has not been heard and determined; or

(b)

an order under section 63(3) is in force in respect of the agreed premises.

[Section 42 amended: No. 28 of 2020 s. 42.]

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