26Caravan park agreement not complying with section 25

26 Caravan park agreement not complying with section 25 (1) If a signed written caravan park agreement is not in accordance with section 25(1) but rent is paid for a period, the following apply in relation to the agreement for this Act: (a) for a contravention of section 25(1)(a) – the person who paid the rent is taken to be the resident; (b) for a contravention of section 25(1)(b) – the person to whom the rent is paid is taken to be the operator or operator's agent and the place where the rent is paid is taken to be the address for service of the operator; (c) for a contravention of section 25(1)(c) – the caravan and caravan site, or the caravan site, to which the resident is given access (because of the payment of the rent) is taken to be the caravan and caravan site, or the caravan site, as the case may be, to which the agreement relates; (d) for a contravention of section 25(1)(d) – each term specified under this Act to be a term of a caravan park agreement is taken to be a term of the agreement; (e) for a contravention of section 25(1)(e) – the amount of the rent paid for the period, and the way it is paid, is taken to be the amount of rent payable for the period and how the rent is to be payable; (f) for a contravention of section 25(1)(f) – the agreement is taken to be a periodic occupancy for periods equal to the period for which the rent is paid.

Caravan Parks Act 2012 18 (2) If a written caravan park agreement is not signed by all parties to the agreement but is signed by one of the parties and rent is paid for a period, for this Act: (a) the agreement has no effect in relation to the parties; and (b) the following is the caravan park agreement between the parties: (i) the person who paid the rent is taken to be the resident under the agreement; (ii) the person to whom the rent is paid is taken to be the operator or operator's agent and the place where the rent is paid is taken to be the address for service of the operator; (iii) the caravan and caravan site, or caravan site, to which the resident is given access (because of the payment of the rent) is taken to be the caravan and caravan site, or the caravan site, as the case may be, to which the agreement relates; (iv) each term specified under this Act to be a term of a caravan park agreement is taken to be a term of the agreement; (v) the amount of the rent paid for the period, and the way it is paid, is taken to be the amount of rent payable for the period and how the rent is to be payable; (vi) the agreement is taken to be a periodic occupancy for periods equal to the period for which the rent is paid. (3) If an agreement is made that should be a written caravan park agreement but it is not in writing and rent is paid for a period, a written caravan park agreement is taken to have been made and signed for this Act and the following apply: (a) the person who paid the rent is taken to be the resident under the agreement; (b) the person to whom the rent is paid is taken to be the operator or operator's agent and the place where the rent is paid is taken to be the address for service of the operator; (c) the caravan and caravan site, or caravan site, to which the resident is given access (because of the payment of the rent) is taken to be the caravan and caravan site, or the caravan site, as the case may be, to which the agreement relates;