New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 122

122 Termination by operator for breach of agreement

(1) The operator of a community may give a termination notice on the ground that the home owner has seriously or persistently breached the site agreement.

(2) The termination notice must not specify a date for vacating the residential site that is earlier than 90 days after the day on which the notice is given.

(3) The termination notice may specify a date for vacating the residential site that is before the end of the fixed term of the site agreement if it is a fixed term agreement.

(4) For the purposes of this section, the home owner is not in breach of the site agreement for non-payment of a site fee unless the fee has remained unpaid for at least 30 days.

(5) The Tribunal may make a termination order if it is satisfied that--

(a) a termination notice was given under this section and the home owner has not vacated the residential site as required by the notice, and

(b) the home owner has breached the site agreement, and

(c) the breach is, in the circumstances of the case, sufficient to justify termination of the agreement.

(6) In considering the circumstances of the case, the Tribunal may consider (but is not limited to considering) the following--

(a) the nature of the breach,

(b) any previous breaches,

(c) any steps taken by the home owner to remedy the breach,

(d) any steps taken by the operator of the community about the breach,

(e) the previous history of the home owner's occupation of the residential site.

(7) The Tribunal may refuse to make the termination order if it is satisfied that the home owner has remedied the breach.