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s 44A

Park operator’s right of entry in relation to abandonment

In force
Part 3Termination of long‑stay agreements
Division 3AAgreed premises abandoned

44A Park operator’s right of entry in relation to abandonment

(1)

A park operator may enter agreed premises to inspect and secure the premises if —

(a)

the park operator has reasonable grounds to suspect that a long‑stay tenant has abandoned the agreed premises; and

(b)

the park operator gives the long‑stay tenant a written notice under subsections (2) and (3); and

(c)

the long‑stay tenant does not inform the park operator within 24 hours after receiving the notice that the tenant has not abandoned the premises.

(2)

The written notice must be in the approved form stating that —

(a)

the park operator suspects that the long‑stay tenant has abandoned the premises; and

(b)

the long‑stay tenant must inform the park operator within 24 hours after receiving the notice whether the tenant has abandoned the premises; and

(c)

if the long‑stay tenant does not inform the park operator that the tenant has not abandoned the agreed premises, the park operator may enter the agreed premises to inspect and secure the premises; and

(d)

the park operator may —

(i)

give the long‑stay tenant a notice of abandonment under section 44B if the park operator suspects on reasonable grounds that the tenant has abandoned the agreed premises; or

(ii)

apply to the State Administrative Tribunal to terminate the agreement under section 70B because the long‑stay tenant occupying the agreed premises under the agreement has abandoned the premises.

(3)

The park operator may give the written notice to the long‑stay tenant —

(a)

by leaving a copy of the notice at the agreed premises; and

(b)

either —

(i)

by leaving a copy of the notice at the tenant’s last known place of employment or business; or

(ii)

if the tenant and park operator agree —by electronic means.

[Section 44A inserted: No. 28 of 2020 s. 44.]

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