64Cleanliness and damage

64 Cleanliness and damage (1) It is a term of each caravan park agreement that a resident: (a) must maintain the agreement property in a reasonably clean condition, allowing for reasonable wear and tear; and (b) must notify the operator of damage or apparent potential damage to the agreement property, other than damage of a negligible kind; and (c) must not intentionally or negligently cause or permit damage to the agreement property; and (d) must not intentionally or recklessly cause or permit damage to common areas in the caravan park. (2) It is a term of each caravan park agreement that, at the termination of the occupancy, the resident must return the agreement property to the operator in a reasonably clean condition, and state of repair, allowing for reasonable wear and tear. (3) A resident is not in breach of a term of the agreement mentioned in subsection (1) or (2) if: (a) the resident notified the operator that repair or maintenance of a part of the agreement property is required; and (b) the operator did not repair or maintain that part of the property.

Caravan Parks Act 2012 41 (4) In deciding whether the agreement property is in a reasonably clean condition or state of repair, the operator, the Tribunal must take into account: (a) the condition of the agreement property at the time the resident took possession of the property, as determined by a condition report, if any, accepted under Part 4 by the operator and the resident; and (b) if the caravan park agreement has terminated or the resident has, in the opinion of the operator, apparently abandoned the agreement property – the condition of that property, as determined by a condition report, if any, accepted under