New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 141

141 Compensation where home not relocated

(1) The operator of a community is liable to pay compensation to a home owner as provided for by this section if the operator gives a termination notice to the home owner and the home owner does not want to relocate to another community or is unable to relocate to another community.

(2) If the site agreement specifies any compensation amount or method for determining compensation in the circumstances to which this section applies, the compensation payable is to be determined as specified in the agreement.

(3) If the site agreement does not specify the manner for determining the compensation payable in the circumstances to which this section applies, the following compensation is payable (in advance of relocation)--

(a) compensation for the loss of residency,

(b) compensation for relocation.

(4) The compensation payable for the loss of residency is such amount as is reasonable having regard to the following--

(a) the length of time remaining for the duration (if any) of the site agreement,

(b) the original purchase price paid by the home owner for the home and (if the home was purchased from the owner or operator of the community) any arrangements that were entered into in connection with the purchase,

(c) the current on-site market value of the home (determined as if the termination were not to occur),

(d) site fees payable for the residential site,

(e) any other relevant factor raised by the parties or prescribed by the regulations.

(5) The compensation payable for relocation is such amount as is reasonable determined having regard to the following--

(a) the cost of moving,

(b) inconvenience to the home owner,

(c) the length of time that the occupant or occupants of the home have lived on the residential site,

(d) any other relevant factor raised by the parties or prescribed by the regulations.

(6) If the home owner intends to keep the home--

(a) any amount the home owner is capable of recouping by selling the home off-site is to be deducted from the compensation payable for the loss of residency, and

(b) regard is to be had to the cost of removing and transporting the home in determining the cost of moving (and the compensation payable for relocation).

(7) If the home owner does not intend to keep the home, the home owner must, in return for the payment of compensation under this section, transfer the home (free of all encumbrances) to the operator of the community.

(8) The Tribunal may, on application by a home owner or operator, make an order resolving a dispute concerning the operation of this section in the circumstances of a particular case.

(9) This section does not apply--

(a) in the circumstances to which section 140 applies, or

(b) to arrangements made for the purposes of the sale of a home to the owner or operator of the community.