Northern Territory Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO 8 OF 2010) - SECT 25

After section 163

insert

Part 19     Transitional provisions for Part 2 of Residential Tenancies Amendment Act 2010

164     Application to certain agreements at commencement

    (1)     This section applies in relation to an agreement in force immediately before the commencement of this section (an existing agreement ) under which a person has occupied, or it is intended will occupy, either of the following for 90 days or more:

    (a)     a caravan in a caravan park (whether the caravan is identified as a caravan or a mobile home);

    (b)     a site for the placement of a caravan in a caravan park.

    (2)     Subject to subsection (3), this Act applies to the existing agreement, and each person allowing occupation or given a right of occupation under the existing agreement, even if the persons are not identified as a landlord and a tenant.

    (3)     The following provisions do not apply in relation to the existing agreement or a person allowing occupation or given a right of occupation under the existing agreement:

    (a)     section 19;

    (b)     Part 5;

    (c)     Part 6, Division 1;

    (d)     sections 39 to 41 and 44 to 46;

    (e)     Part 12;

    (f)     Part 13, Division 1A.

    (4)     However, subsection (3) ceases to have effect in relation to an existing agreement and a person allowing occupation or given a right of occupation under an existing agreement when the earlier of the following happens:

    (a)     a caravan park agreement comes into force that involves the same persons as those under the existing agreement;

    (b)     at any time after 6 months after the commencement of this section, the existing agreement is renewed or varied or the tenancy under the existing agreement becomes a periodic tenancy.

    (5)     For subsections (2) and (4), the Regulations may provide for matters relevant to the way this Act applies to an existing agreement and each person allowing occupation or given a right of occupation under the existing agreement.

164A     Caravan park rules in force on commencement

    (1)     This section applies to written rules (however described) of a caravan park as existing immediately before the commencement of this section (the existing rules ) that, immediately before the commencement, apply to agreements that, on commencement, are existing agreements within the meaning of section 164.

    (2)     The existing rules of a caravan park are taken to be rules made under Part 13A, Division 2 for the caravan park even if the rules include a matter not mentioned in section 122C(2).

Note about existing rules

The existing rules of a caravan park constitute terms of every caravan park agreement relating to the park as mentioned in section 122B, and may be amended under section 122D and may be the subject of an application under section 122E.