Northern Territory Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO 8 OF 2010) - SECT 17

After section 88A

insert

88B     Serious misconduct by resident of caravan park

    (1)     A caravan park owner may, by notice of termination given to a resident of the caravan park, terminate a caravan park agreement on the ground the resident, or a person while on the premises or in the caravan park with the consent of the resident, has, intentionally or recklessly, caused or permitted, or is likely to cause or permit:

    (a)     serious damage to the premises or other property in the caravan park; or

    (b)     personal injury to:

        (i)     the park owner or agent; or

        (ii)     a person in the caravan park or in the vicinity of the caravan park; or

    (c)     serious interference:

        (i)     with the reasonable peace, comfort or privacy of another resident in the other resident's use of the caravan park including common areas; or

        (ii)     with the reasonable peace, comfort or privacy of a person residing in the immediate vicinity of the caravan park.

    (2)     The notice of termination may terminate the agreement immediately or on a later day stated in the notice.

    (3)     Within 3 business days after the day the termination is given to the tenant, the caravan park owner must apply to the Commissioner for an order under section 100B confirming the termination.

    (4)     If the caravan park owner does not make an application as mentioned in subsection (3), on the fourth business day after the day the termination is given to the tenant, the termination ends and the resident has a right to resume residing in the caravan park on the same terms.

    (5)     Without limiting section 101, if the notice of termination does not state the matters mentioned in subsections (3) and (4), it is of no effect.

    (6)     This section does not limit the caravan park owner from taking other actions under this Act.