125Condition report at termination of occupancy

125 Condition report at termination of occupancy (1) Within 3 business days after possession of agreement property is given up, an operator may fill out and sign a condition report and give it to the resident. (2) The operator must fill out the condition report under subsection (1) in the resident's presence unless it is not practical to do so or the resident does not appear at the agreed time. (3) Within 3 business days after forming an opinion that a resident has apparently abandoned agreement property, the operator may fill out and sign a condition report and give it to the resident by posting it to his or her last known residential, business or postal address. (4) A condition report must: (a) specify the condition of the following: (i) if the agreement property included a caravan – the caravan site to which the caravan park agreement relates, the walls, floors and ceilings of the caravan and, if the caravan has rooms, the walls, floors and ceilings of each room; (ii) if the agreement property did not include a caravan – the caravan site to which the caravan park agreement relates; and (b) itemise, and specify the condition of, any fixture or chattel that is agreement property; and

Caravan Parks Act 2012 72 (c) include other prescribed information, if any. (5) A resident may: (a) accept a condition report given to the resident under subsection (1) or (3) by signing the report and returning it to the operator; or (b) if the parties are unable to agree as to the contents of the condition report – refuse to accept the condition report. (6) If, within 7 business days after the condition report has been given to a resident under subsection (1) or (3), both parties have not accepted the report, the operator or resident may apply to the Tribunal for a condition report about the agreement property. (7) On receipt of an application under subsection (6), the Tribunal may request the Commissioner to prepare a condition report. (8) For this Act, the operator and resident are taken to have accepted the condition report prepared under subsection (7).