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RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 146

Section 171 substituted and new sections 171A and 171B inserted

For section 171 of the Principal Act substitute

        "     171     Resident must keep and leave site reasonably clean

    (1)     A resident must keep the site in a reasonably clean condition except to the extent that the caravan park owner is responsible under this Act for keeping the site in that condition.

    (2)     A resident must maintain the site and caravan in a manner and condition that do not detract from the general standard of the caravan park as set by the caravan park owner from time to time.

    (3)     At the end of the residency, the resident must leave the site, as far as practicable—

        (a)     reasonably clean and tidy; and

        (b)     in the same condition as when the resident entered into possession of the site, taking into account fair wear and tear to the site during the residency.

Note

This section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.

        171A     Resident must keep caravan in good repair

    (1)     A resident who owns a caravan situated on the site occupied by the resident must keep the caravan in a condition, taking into account fair wear and tear, that—

        (a)     is in good repair; and

        (b)     does not pose a significant health risk; and

        (c)     is safe to occupy.

    (2)     At the end of a residency, the resident must, as far as practicable, leave the caravan in the same condition as it was when the resident entered into occupation of the caravan, taking into account fair wear and tear.

Note

This section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.

        171B     Resident must not make site or caravan modifications without consent

    (1)     A resident must not, without the caravan park owner's written consent—

        (a)     install any fixtures on the site or in the caravan park; or

        (b)     erect any structure on the site or in the caravan park; or

        (c)     make any alteration, renovation or addition to the site or caravan park.

    (2)     If a resident is not the owner of a caravan, the resident must not, without the caravan owner's prior written consent—

        (a)     install any fixtures to the caravan; or

        (b)     make any alteration, renovation or addition to the caravan.

    (3)     A caravan park owner or a caravan owner, as the case requires, must not unreasonably refuse consent to modifications made by a resident that are—

        (a)     reasonable alterations within the meaning of section 55 of the Equal Opportunity Act 2010 ; and

        (b)     assessed and determined to be required modifications by an accredited occupational therapist or a prescribed practitioner.

Note

Section 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the caravan park owner or caravan owner or that person's agent in contravention of this section.".



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