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RESIDENTIAL TENANCIES ACT 1997 - SECT 215A

Compensation in relation to closure of caravan park or Part 4A park

    (1)     Subject to subsection (3), if a caravan park owner gives a notice to vacate for closure of the caravan park, the caravan park owner must apply to the Tribunal for an order determining compensation for the park closure to be paid by the caravan park owner to eligible residents.

    (2)     Subject to subsection (3), if a site owner gives a notice to vacate for closure of the Part 4A park, the site owner must apply to the Tribunal for an order determining compensation for the park closure to be paid by the site owner to eligible site tenants.

    (3)     A caravan park owner or a site owner is not required to apply to the Tribunal for an order determining compensation for park closure if—

        (a)     the caravan park owner or site owner is not the owner of the land on which the caravan park or Part 4A park is located; and

        (b)     the closure of the park is due to the expiry of a head lease of that land.

    (4)     An application under subsection (1) or (2) must be made within 30 days of the service of the relevant notice to vacate.

    (5)     If an application under subsection (1) or (2) for a park closure compensation order is not made within the time set out in subsection (4), the relevant notice to vacate is void and of no effect.

    (6)     In this section and section 215B, "notice to vacate" means—

        (a)     in relation to a caravan park, a notice to vacate

              (i)     under section 311A; or

              (ii)     on and from the repeal of Part 6, under  section 206AZA; and

        (b)     in relation to a Part 4A park, a notice to vacate

              (i)     under section 317ZDA; or

              (ii)     on and from the repeal of Part 6, under  section 207ZE.

S. 215B inserted by No. 45/2018 s. 235.



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