Recognising persons as long‑stay tenants
63C Recognising persons as long‑stay tenants
This section applies if —
a person (resident) is not a long‑stay tenant but is residing in agreed premises the subject of a long‑stay agreement; and
the resident asks the park operator who is a party to the long‑stay agreement to vary the agreement to add the resident as a long‑stay tenant; and
the park operator refuses to vary the long‑stay agreement.
The resident may apply to the State Administrative Tribunal to be recognised as a long‑stay tenant in respect of the agreed premises.
The application may be made —
during another application or a proceeding before the tribunal; or
when no application or proceeding is before the tribunal.
The State Administrative Tribunal may, if the tribunal considers it is appropriate —
order —
that the long‑stay agreement is varied so that the resident is a long‑stay tenant who is a party to the agreement, and is taken for any written law or the agreement to be a tenant under the agreement; and
that the long‑stay agreement be continued on the terms and conditions that the tribunal considers are appropriate;
or
order that the resident is joined as a party to an application or a proceeding before the tribunal.
In making an order under subsection (4), the State Administrative Tribunal must consider whether the resident is suitable to be recognised as a long‑stay tenant in respect of the agreed premises.
Example for this subsection:
The agreed premises the resident is occupying is within a residential park, or part of a park, to which section 20(1) applies and the resident has not reached the age at which the resident is permitted to live on the agreed premises.
[Section 63C inserted: No. 28 of 2020 s. 60.]
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