South Australian Current Acts

RESIDENTIAL PARKS ACT 2007 - SECT 55

55—Limitation of right to terminate

        (1)         If—

            (a)         rented property—

                  (i)         has, within the preceding 6 months, been the subject of an inspection by an authorised officer within the meaning of the Housing Improvement Act 2016 in connection with the administration or enforcement of that Act; or

                  (ii)         is subject to a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice or rent control notice; or

            (b)         an order is in force under section 22 in respect of rented property or proceedings for such an order have been commenced,

the park owner may only terminate the residential park agreement by notice of termination under this Part if the notice is given on a specified ground, and the Tribunal authorises the notice of termination.

        (2)         This section does not apply to a notice of termination given by the park owner to terminate a residential park agreement for a fixed term at the end of the fixed term.

        (2a)         This section does not apply if a notice to vacate applies in respect of the rented property.

        (3)         The Tribunal may authorise a notice of termination under this section if satisfied of the genuineness of the proposed ground on which the notice is to be given.