121Tribunal may suspend order for possession

121 Tribunal may suspend order for possession (1) If the Tribunal is satisfied the operator is entitled to an order for possession of the agreement property but making the order would cause severe hardship to the resident, the Tribunal may: (a) suspend the operation of the order for up to 90 days; and (b) extend the operation of the agreement until the operator obtains possession of the agreement property from the resident or the resident fails to pay rent within 7 days after the rent is due.

Caravan Parks Act 2012 69 (2) The Tribunal may only make an order under subsection (1): (a) if the following matters are taken into account: (i) whether the resident has, during the occupancy, caused a nuisance or threatened or harassed neighbouring residents or visitors within the locality of the agreement property or caused damage to the property of the neighbouring residents or visitors; (ii) incidents relating to the occupancy that have occurred during the period of the agreement; (iii) the seriousness of the breach entitling the operator to the order for possession; (iv) whether an unacceptable risk would be posed to neighbouring residents or visitors within the locality of the agreement property, or the property of those residents or visitors, if the order for possession was to be suspended; and (b) if satisfied there are no circumstances that make it likely the resident will be unable to pay all outstanding and future rent in relation to the agreement property. (3) In extending the operation of the caravan park agreement, the Tribunal may make modifications to the agreement that the Tribunal thinks fit, other than modifications that reduce the resident's financial obligations under the agreement. (4) If an occupancy has been extended under this section and a resident fails to pay rent within 7 days after the rent is due, the operator may, by notice of termination, give at least 7 days notice to the resident to give up possession of the agreement property. (5) A resident who receives the notice under subsection (4) must, on the date specified in the notice of termination, give up possession of the agreement property to the operator including by removing a caravan placed on the caravan site other than by the operator.