Residential Parks (Long-stay Tenants) Act 2006

In this section, a long-stay tenant, or the tenant’s guest, engages in serious misconduct when the tenant or the tenant’s guest —

repeatedly interferes, or has repeatedly interfered, with another tenant’s quiet enjoyment of the residential park; or

seriously or persistently threatens or abuses, or has seriously or persistently threatened or abused, the park operator or the park operator’s employee.

A park operator may apply to the State Administrative Tribunal to terminate a long-stay agreement because the long-stay tenant, or the tenant’s guest, has engaged in serious misconduct.

The State Administrative Tribunal may make an order terminating the long-stay agreement if the tribunal is satisfied of all of the following —

the long-stay tenant, or the tenant’s guest, has engaged in serious misconduct;

the park operator has given a notice to the long‑stay tenant in an approved form that asks the tenant, or the tenant’s guest, to stop engaging in the serious misconduct;

despite being asked to stop engaging in the serious misconduct, the long-stay tenant or the tenant’s guest has not stopped engaging in the serious misconduct;

terminating the agreement is justified in all the circumstances.

However, the State Administrative Tribunal may refuse to make an order if satisfied that the park operator was wholly or partly motivated to give the notice by the fact that the long-stay tenant had complained to a public authority about the park operator’s conduct in relation to the long-stay agreement, or taken steps to secure or enforce the tenant’s rights under the agreement.

If the State Administrative Tribunal makes the order, it must also order the long‑stay tenant to give vacant possession of the agreed premises to the park operator when the tribunal orders.