127When operator may keep security deposit

127 When operator may keep security deposit (1) Subject to this section, a resident under a caravan park agreement is entitled to have the resident's security deposit paid to him or her at the end of the agreement.

Caravan Parks Act 2012 73 (2) Within 7 business days after a resident gives up possession of the agreement property or has, in the opinion of the operator, apparently abandoned the property, the operator must pay the resident's security deposit to the resident, less an amount the operator is entitled to retain under this section. (4) At the end of a caravan park agreement, the operator is entitled to retain an amount from the resident's security deposit necessary for the following (each of which is a loss): (a) make good damage (other than reasonable wear and tear) to the agreement property that occurred during the occupancy and was caused by a resident or a person for whose actions a resident is liable under section 17; (b) replace any property lost or destroyed by the resident or by a person for whose actions the resident is liable under section 17; (c) clean agreement property left unreasonably dirty by the resident or by a person for whose actions the resident is liable under section 17; (d) replace locks altered, removed or added by the resident without the consent of the operator; (e) pay outstanding rent or unpaid charges for electricity, gas or water payable by the resident under Part 12; (f) pay an amount required to be paid under section 136; (g) pay an amount ordered by the Tribunal to be paid to the operator by the resident unless it has been paid. (5) The operator is not entitled to retain all or part of the resident's security deposit for a loss mentioned in subsection (4)(a), (b) or (c) unless: (a) a condition report in relation to the agreement property was accepted by the resident under Part 4; and (b) if the resident has given up possession of the agreement property or has, in the opinion of the operator, apparently abandoned the property – a condition report has been given to the resident under section 125.

Caravan Parks Act 2012 74 (6) Subject to section 128(2), the operator is not entitled to retain under subsection (4) all or part of the resident's security deposit unless, within 7 business days after the resident gives up possession of the agreement property or has, in the opinion of the operator, apparently abandoned the property, the operator has: (a) given written notice of his or her intention to retain so much of the security deposit as is specified in the notice because of a loss specified in the notice; and (b) attached a copy of a statutory declaration attesting to the truth of the claim that the retention is required for the loss specified in the notice; and (c) attached a copy of a statutory declaration attesting that the receipts, invoices or other documents attached to the declaration relate to: (i) the losses for which all or part of the resident's security deposit is being retained; or (ii) the amount of outstanding rent owing under the agreement or money owing under section 136; and (d) for agreement property that is damaged or unreasonably dirty – attached copies of receipts, invoices or other documents, including orders of the Tribunal, specifying the amount required to make good the damage or clean the property; and (e) returned to the resident the proportion of the resident's security deposit not claimed by the operator or not to be retained under subsection (4). (7) If, in the opinion of the operator, the resident has abandoned the agreement property, the operator may continue to hold on trust for the resident so much of the resident's security deposit as is necessary to ensure the security deposit will be available for payment to the operator in accordance with section 137 as compensation for: (a) a loss of the rent that the resident would have been liable to pay under the agreement if he or she had not abandoned the agreement property; and (b) a loss caused to the operator in securing new residents for the