New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 133

133 Recovery of possession of residential site prohibited except by order

(1) A person must not enter a residential site, or a home on a residential site, for the purpose of taking possession of the site or home before or after the end of a site agreement unless--

(a) the person is acting in accordance with a warrant arising out of a possession order of the Tribunal or a writ or warrant arising out of a judgment or order of a court, or

(b) the home owner has given vacant possession of the residential site, or

(c) the Tribunal has made an order declaring that the home owner has abandoned the residential site.

: Maximum penalty--200 penalty units.

Note--: Under Division 7 an operator may apply to the Tribunal for an order declaring that a home owner has abandoned a residential site.

(2) A court that finds an offence under this section proven may, in addition to any other penalty it may impose, order that compensation be paid to the home owner by the person who committed the offence or on whose behalf the offence was committed.

(3) This section applies to a person who enters a residential site, or a home on a residential site, on his or her own behalf or on behalf of another person.