New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 1 November 2015
- Act 142 of 1998
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Definitions
4. Notes
4A. Objects of Act
PART 2 - APPLICATION OF ACT
5. Application of Act
6. Agreements and premises to which Act does not apply
6A. Act does not apply to long-term casual occupation
7. Act to bind Crown
PART 3 - RESIDENTIAL TENANCY AGREEMENTS RELATING TO RESIDENTIAL PARKS
8. Standard form of residential tenancy agreement
9. Agreements to be in standard form
10. Additional terms
11. Terms in Act to prevail
12. Costs of preparation of residential tenancy agreement and other costs
13. Certain unexecuted residential tenancy agreements enforceable
14. Continuation of fixed term agreements
15. Parties to minimise loss from breach of residential tenancy agreement
16. Applications relating to a breach of or dispute under residential tenancy agreement
16A. What if there is no written agreement?
PART 4 - RIGHTS AND OBLIGATIONS OF PARK OWNERS AND RESIDENTS
Division 1 - Rights and obligations
17. Park owner to give resident copy of residential tenancy agreement
18. Legal impediments to occupation as residence
19. Vacant possession
20. Resident's right to quiet enjoyment
21. Use of premises by resident
22. Park owner's access to residential premises that consist of a moveable dwelling installed on a residential site
23. Park owner's access to residential premises that consist of a residential site only
24. Park owner's responsibility for cleanliness and repairs
25. Cleanliness, notification of damage to residential premises and condition of premises
26. Alterations and additions to residential premises that belong to park owner
27. Alterations and additions to, and replacement of, moveable dwellings that belong to resident
28. Urgent repairs
29. Locks and other security devices
30. Access to residential park
31. Resident's liability for actions of others
32. Certain residents may appoint agent
33. Changes of name or address
Division 2 - Obligations to make certain payments
34. Definitions
35. Payment of rent
36. Park owner to pay council rates, land tax and other charges
37. Resident may agree to pay certain electricity charges
38. (Repealed)
39. Resident to pay certain charges for water
40. Obligation to pay service charges is separate from obligation to pay rent
Division 3 - Change of park owner or resident
41. Right to assign rights and obligations or to sub-let
42. Attornment (ie acknowledgment of purchaser as park owner)
43. Recognition of certain persons as residents
PART 5 - RENTS
Division 1 - General matters
44. Reservation fees
45. Nature of amounts to be paid for agreement
46. Rent in advance
47. Post-dated cheques
48. Rent receipts
49. Rent records
50. Penalty rent terms
51. Premium rent terms
Division 2 - Rent increases and excessive rents
52. Application of Division
53. Increase of rent
54. Tribunal may make orders for refund of overpaid rent where rent increase was not properly notified
55. Resident may apply for an order that a rent increase is excessive
56. Resident may apply for an order that rent is excessive
57. Matters to be considered in determining rent applications
58. Orders as to excessive rent increases or rents
59. Payments under separate agreements
60. Interim orders suspending rent increases or rent
61. Contravention of rent order
PART 6 - PARK RULES FOR RESIDENTIAL PARKS
62. Park rules
63. Park rules form part of residential tenancy agreements
64. Amendment of park rules
65. Obligation to promote compliance with park rules
PART 7 - COMMUNITY ASPECTS OF RESIDENTIAL PARK LIVING
66. Park Liaison Committee
66A. Residents committees and organisations
66B. Regulations concerning residents committees
67. Residents' rights to membership of organisations
68. Notice boards
69. Right of entry of tradespersons and service providers
70. Responsibility for preservation or landscaping of individual residential sites
71. Responsibility for maintenance of trees in residential parks
71A. Access to residential parks by emergency and home care service vehicles
PART 8 - RIGHTS OF PROSPECTIVE AND OTHER RESIDENTS OF RESIDENTIAL PARKS TO BE PROVIDED WITH INFORMATION
72. Prospective residents have a right to seek independent advice
73. Prospective residents have a right to certain information
74. Park owner must inform residents of certain arrangements and future restrictions
74A. False or misleading information
PART 9 - MAIL FACILITIES
75. Installation of individual mail facilities
76. Payment for use of individual mail facilities
77. Use of mail facilities
78. Security of mail facilities
79. Tribunal may make orders relating to mail facilities at residential parks
PART 10 - SALE OF MOVEABLE DWELLINGS AND MANUFACTURED HOMES
Division 1 - Sale of moveable dwellings in residential parks
80. Sale of moveable dwellings on-site in residential parks
81. Provisions relating to on-site sale of moveable dwellings
82. Restrictions on sale on-site
83. Park owner may act as agent in sale on-site
84. No premium for keeping a sold dwelling on-site
85. Disputes relating to sale
85A. Moveable dwelling not a fixture
Division 2 - Sale of manufactured homes off-site
86. Cooling-off period for prospective purchaser of manufactured home
PART 11 - DISPUTE RESOLUTION
87. (Repealed)
88. Applications to Tribunal about new or amended park rules
89. (Repealed)
90. Application to Tribunal regarding disputes about existing park rules
91-94. (Repealed)
PART 12 - TERMINATION OF RESIDENTIAL TENANCY AGREEMENTS
Division 1 - Termination generally
95. Termination of residential tenancy agreements
96. Apportionment and recovery of rent on termination
97. Breach or notice of termination not waived by acceptance of rent
Division 2 - Grounds for termination of a residential site agreement
98. Termination by park owner for non-payment of rent
99. Termination by park owner because dwelling is dilapidated
100. Termination by park owner for serious or persistent breach of agreement
101. Termination by park owner for repairs and upgrading
102. Termination by park owner for change of use
102AA. Consent by Tribunal to notice of termination on ground of change of use
102A. Termination by resident on ground of breach of agreement
103. Notice of termination by resident without any ground (otherwise than during any fixed term)
104. Notice of termination where residential site agreement frustrated
Division 3 - Grounds for termination of a residential tenancy agreement that is not a residential site agreement
105. Notice of termination on ground that premises are being sold
106. Notice of termination on ground of breach of agreement
107. Notice of termination by park owner without any ground
108. Notice of termination by resident without any ground (otherwise than during any fixed term)
109. Notice of termination of fixed term agreement without any ground
110. Notice of termination where agreement frustrated
Division 4 - Notices of termination
111. Effect of notice of termination of periodic tenancy
112. Form of notice of termination
Division 5 - Termination of residential tenancy agreements by Tribunal
113. Application to Tribunal by park owner for termination and order for possession
114. Suspension or refusal of orders for termination
115. Tribunal may waive defect in notice of termination
116. Notice of termination not required in certain cases
117. Tribunal may terminate residential tenancy agreement where resident causes serious damage or injury
118. Tribunal may terminate residential tenancy agreement where park owner would otherwise suffer undue hardship
119. Tribunal may terminate residential tenancy agreement where resident would otherwise suffer undue hardship
120. Tribunal may terminate residential tenancy agreement for breach by park owner
Division 6 - Recovery of possession of residential premises
121. Prohibition on certain recovery proceedings in courts
122. Recovery of possession of residential premises prohibited except by order
123. Enforcement of orders for possession
124. Liability of resident remaining in possession
125. Notice of proposed recovery of premises by person with superior title
126. Order for tenancy against person with superior title
Division 7 - Compensation for termination of a residential site agreement
127. Relocation of resident
128. Compensation for termination or relocation
128A. Compensation to be paid in advance
129. Relocation of resident by agreement
130. Effect of relocation generally
130A. Tribunal may value dwellings to facilitate sale
Division 8 - Abandoned premises and goods
131. Meaning of "goods"
132. Abandoned premises
133. Right of park owner to compensation where resident abandons premises
134. Goods abandoned by resident after residential tenancy agreement is terminated
135. Goods left by resident, but not abandoned, after residential tenancy agreement is terminated
136. Time within which application to be made
PART 13 - ADMINISTRATION
Division 1 - Investigators
136A. Investigators
136B. Powers of entry, inspection etc
136C. Power of investigator to obtain information, records and evidence
136D. Obstruction etc of investigators
136E. Taking possession of records to be used as evidence
Division 2 - Administrators, receivers and managers
136F. Application for order appointing administrator
136G. No application without consent
136H. Terms and conditions of appointment
136I. Effect of appointment
136J. Revocation of appointment
136K. Receivers and managers
136L. No personal liability of administrator, receiver or receiver and manager
Division 3 - General
137. Functions of Director-General
138. Delegation by Director-General
139-141. (Repealed)
142. Exclusion of personal liability
PART 13A - RESIDENTIAL PARKS REGISTER
142A. Direction to provide registrable information
142B. Park owner must notify registrable events
142C. False or misleading information
142D. Register of residential parks
PART 14 - MISCELLANEOUS
143. Park owner may appoint park manager
143A. Advertising by park owners
144. Contracting out prohibited
145. Costs in court proceedings
146. Disclosure of information
147. Offences and penalties
148. Proceedings for offences
149. Penalty notices
150. Offences by corporations
151. Offences against this Act
152. Contracts Review Act 1980
153. Service of documents
154. (Repealed)
155. Regulations
156. Review of Act
157. Savings and transitional provisions
PART 15 - (Repealed)
None
SCHEDULE 1
Schedule 3 (Repealed)