s 58

Sale of relocatable home at agreed premises conditional on assignment of rights and obligations under, or entry into, long‑stay agreement

In force

(1)

In this section —

relevant long‑stay agreement means an agreement between the seller and the relevant park operator;

relevant park operator means a park operator of the residential park where a relocatable home that is being sold under a sale contract is located.

(2)

This section applies if —

(a)

a long‑stay tenant (the seller) is to sell a relocatable home to a person (the buyer) under a contract (the sale contract); and

(b)

the buyer intends to use or occupy the home at the agreed premises; and

(c)

before the sale contract was entered into, the park operator had not entered into a long‑stay agreement with the buyer; and

(d)

the seller has not assigned, under the sale contract or before the sale contract was entered into, the seller’s rights and obligations under the relevant long‑stay agreement to the buyer.

(3)

It is a condition of the sale contract that —

(a)

the sale of the relocatable home is conditional on —

(i)

the relevant park operator entering into a long‑stay agreement with the buyer; or

(ii)

the assignment of the seller’s rights and obligations under the relevant long‑stay agreement to the buyer;

and

(b)

if the agreement or assignment does not occur within the later of the following periods after the sale contract has been entered into, the sale contract has no effect —

(i)

if an application is made to the State Administrative Tribunal under section 62A(2)(f) — when the application is finally decided or otherwise dealt with;

(ii)

otherwise — 60 days or another period agreed by the long‑stay tenant and the buyer.

(4)

If the relevant long‑stay agreement prohibits the assignment of the seller’s rights and obligations under the relevant long‑stay agreement, the relevant park operator must enter into a long‑stay agreement with the buyer unless —

(a)

the relevant park operator refuses to enter into the agreement on reasonable grounds; or

(b)

the relevant park operator and the buyer cannot agree on the terms of a new agreement.

Note for this subsection:

Under section 32O(1)(c), a long‑stay agreement may provide that the long‑stay tenant must not assign the tenant’s interest in the agreed premises.

(5)

If the relevant long‑stay agreement provides that the assignment of the seller’s rights and obligations under the relevant long‑stay agreement is not subject to the written consent of the relevant park operator, the relevant park operator must consent to the assignment of the seller’s rights and obligations under the relevant long‑stay agreement to the buyer.

Note for this subsection:

Under section 32O(1)(a), a long‑stay agreement may provide that the long‑stay tenant may assign the tenant’s interest in the agreed premises.

(6)

If the relevant long‑stay agreement provides that the assignment of the seller’s rights and obligations under the relevant long‑stay agreement is subject to the written consent of the relevant park operator, the relevant park operator must —

(a)

consent to the assignment to the buyer; or

(b)

refuse to consent to the assignment to the buyer on reasonable grounds.

Note for this subsection:

Under section 32O(1)(b), a long‑stay agreement may provide that the long‑stay tenant may assign the tenant’s interest in the agreed premises only with the written consent of the park operator.

[Section 58 inserted: No. 28 of 2020 s. 55.]

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