Victorian Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 171

    (1)     After section 195(1) of the Principal Act insert —

    "(1A)     In addition to subsection (1), if a caravan with a serious defect that is owned by a resident is being sold at the site occupied by the resident, the caravan park owner may consent to the transfer of the resident's residency right, subject to an undertaking that works to rectify the serious defect will be made to the caravan within a reasonable time.

    (1B)     An undertaking referred to in subsection (1A) may be made by—

        (a)     the vendor of the caravan; or

        (b)     the purchaser of the caravan.

    (1C)     If an undertaking referred to in subsection (1A) has been given to the caravan park owner but the works to rectify the serious defect are not completed within a reasonable time, the caravan park owner may apply to the Tribunal under section 452(3) for an order that the person who made the undertaking is to complete the works within a reasonable time.".

    (2)     In section 195(2) of the Principal Act—

        (a)     for "A caravan" substitute "Subject to subsection (2A), a caravan";

        (b)     for "subsection (1)." substitute "subsection (1) or (1A).".

    (3)     After section 195(2) of the Principal Act insert —

    "(2A)     A caravan park owner may reasonably withhold consent under subsection (1A) if—

        (a)     the caravan being sold has a serious defect; and

        (b)     no undertaking has been given to the caravan park owner to rectify the defect.".