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s 64C

Orders in relation to site‑only agreement if long‑stay tenants die and removal or sale of relocatable home is obstructed

In force
Part 5State Administrative Tribunal powers
Division 1General provisions

64C Orders in relation to site‑only agreement if long‑stay tenants die and removal or sale of relocatable home is obstructed

(1)

This section applies if —

(a)

every long‑stay tenant to a site‑only agreement dies; and

(b)

there is a relocatable home on the site that has not yet been removed or sold; and

(c)

the park operator is interfering with, or obstructing, an executor or personal representative of a deceased long‑stay tenant, or the tenant’s beneficiary, in removing or selling the relocatable home.

(2)

The executor or personal representative of a deceased long‑stay tenant, or the tenant’s beneficiary, may apply to the State Administrative Tribunal for an order in relation to the site‑only agreement.

(3)

If the State Administrative Tribunal is satisfied of the matters in subsection (1), the tribunal may make —

(a)

an order terminating the site‑only agreement; or

(b)

an order reducing the rent paid under the site‑only agreement; or

(c)

an order suspending or deferring the obligation to pay rent under the site‑only agreement until the relocatable home is removed or sold; or

(d)

an order terminating the obligation to pay rent under the site‑only agreement; or

(e)

another order the tribunal considers appropriate.

[Section 64C inserted: No. 28 of 2020 s. 60.]

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