South Australian Numbered Acts

RESIDENTIAL PARKS ACT 2007 (NO 19 OF 2007) - SECT 68

68—Termination for breach of agreement

        (1)         If the resident breaches a residential park site agreement, the park owner may give the resident a written notice in the form approved by the Commissioner—

            (a)         specifying the breach; and

            (b)         informing the resident that if the breach is not remedied within a specified period (which must be a period of at least 28 days) from the date the notice is given, then—

                  (i)         the agreement is terminated by force of the notice; and

                  (ii)         the resident must give up vacant possession of the rented property before the end of the next day.

        (2)         If notice is given under this section on the ground of a failure to pay rent—

            (a)         the notice is ineffectual unless the rent (or any part of the rent) has remained unpaid in breach of the agreement for not less than 7 days before the notice was given; and

            (b)         the notice is not rendered ineffectual by failure by the park owner to make a prior formal demand for payment of the rent.

        (3)         If notice is given under this section in respect of a residential park site agreement for a fixed term, the notice is not ineffectual because the day specified as the day on which the resident is to give up vacant possession of the rented property is earlier than the last day of that term.

        (4)         The resident may, at any time after receiving a notice under this section and before giving vacant possession to the park owner, apply to the Tribunal for an order—

            (a)         declaring that the resident is not in breach of the residential park agreement, or has remedied the breach of the agreement, and that the agreement is not liable to be terminated under this section; or

            (b)         reinstating the agreement.

        (5)         If the Tribunal is satisfied that a residential park site agreement has been validly terminated under this section, but that it is just and equitable to reinstate the agreement (or would be just and equitable to reinstate the agreement if the conditions of the order were complied with), the Tribunal may make an order reinstating the agreement.

        (6)         An order reinstating the agreement under this section may be made on conditions that the Tribunal considers appropriate.

        (7)         On an application for an order reinstating the agreement, the Tribunal may make alternative orders providing for reinstatement of the agreement if specified conditions are complied with but, if not, ordering the resident to give up vacant possession of the rented property to the park owner.