108Resident's failure to pay rent

108 Resident's failure to pay rent (1) This section applies if a resident breaches a term of a caravan park agreement by failing to pay rent if the rent has been in arrears for not less than 3 days. (2) The operator may give the resident a notice, signed by the operator, stating the following: (b) the resident is in breach of the agreement by failing to pay rent in accordance with the agreement and the rent is in arrears; (c) the amount of rent payable by the resident in order to remedy the breach and any prescribed information relevant to that amount; (d) the resident is required to remedy the breach before the date specified in the notice (at least 7 days after the notice is given); (e) if the resident does not remedy the breach as required, the operator intends to apply to the Tribunal for an order for termination of the occupancy and possession of the (3) The notice has effect even if the operator has not previously made a formal demand for payment of the rent. (4) If any of the following occurs after the operator becomes aware of the resident's breach or has given the resident the notice to pay the rent in arrears, the occurrence does not operate as a waiver of the breach or notice: (a) a demand by the operator for payment of rent;

Caravan Parks Act 2012 62 (b) an application by the operator to the Tribunal for recovery of rent; (c) an acceptance by the operator of a payment of rent. (5) If the resident does not remedy the breach as required by the notice, the operator may apply under section 115 for an order for termination of the occupancy and possession of the agreement (6) The operator must make the application no later than 14 days after (7) For subsection (2)(c), the Regulations may prescribe information that must be given in the notice, including information about any of the following: (a) the method of calculation of rent arrears; (b) the method of calculation of the amount of rent payable in order to remedy the breach; (c) the date on which rent was last paid; (d) the date on which rent will next be payable after the breach is remedied.