Termination if agreement frustrated
45 Termination if agreement frustrated
This section applies if agreed premises or shared premises —
become uninhabitable or unusable for the intended purpose otherwise than as a result of a breach of the long‑stay agreement; or
cease to be lawfully usable for the intended purpose; or
are compulsorily acquired by an authority under a written law.
The rent payable under the long‑stay agreement is abated appropriately.
Either party to the long‑stay agreement may give a notice of termination to the other.
The notice of termination must —
state that the person giving the notice intends to terminate the long‑stay agreement under this section; and
specify the day (the specified day) on which the agreement will be terminated; and
comply with section 38.
If the park operator gives the notice of termination to the long‑stay tenant, the specified day must be at least 7 days after the day on which the notice is given.
If the long‑stay tenant gives the notice of termination to the park operator, the specified day must be at least 2 days after the day on which the notice is given.
In either case the specified day may be —
a day earlier than the last day of the fixed term of a fixed term tenancy; or
a day earlier than the last day of a period of a periodic tenancy.
[Section 45 amended: No. 28 of 2020 s. 45.]
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