South Australian Numbered Acts

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RESIDENTIAL PARKS ACT 2007 (NO 19 OF 2007) - SECT 97

97—Park owner may make urgent application to Tribunal

        (1)         If a resident is given a notice to leave under this Part, the park owner may apply to the Tribunal for an order that the residential park agreement be terminated.

        (2)         An application under subsection (1) must be made within the exclusion period.

        (3)         On hearing an application under this section, the Tribunal may—

            (a)         make an order terminating the residential park agreement as at the date of the order and make an order for possession of the rented property; or

            (b)         make an order vesting the residential park agreement in a person who resides or resided on the rented property with the resident; or

            (c)         order that the resident be allowed to resume occupation of the rented property under the residential park agreement.

        (4)         The Tribunal may make any ancillary or incidental orders that the Tribunal considers appropriate.

        (5)         If the Tribunal orders that the resident be allowed to resume occupation of the rented property under the residential park agreement and is satisfied that there was no reasonable basis for the giving of the notice under this Part, the Tribunal may make 1 or more of the following orders:

            (a)         an order excusing the resident from paying rent in respect of the exclusion period;

            (b)         an order for compensation to be paid to the resident by the park owner for rent paid in respect of the exclusion period;

            (c)         an order for compensation to be paid to the resident by the park owner for reasonable expenses incurred by the resident relating to the exclusion period.



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