sec.52Abandonment order

### sec.52 Abandonment order Subsection (3) applies if the park owner under a site agreement reasonably believes the home owner has abandoned the manufactured home positioned on the site. Subsection (3) also applies if the park owner under a terminated site agreement reasonably believes the home owner under the agreement has abandoned the manufactured home positioned on the site. On application by the park owner, the tribunal may make an order (the abandonment order ) declaring that the home owner has abandoned the home and the day the home was abandoned. The following provisions have effect on the day stated in the abandonment order as the day the home was abandoned— the home owner is taken to have abandoned the home; unless the agreement is a terminated site agreement, the agreement is taken to have been terminated. In deciding whether to make the abandonment order, the tribunal may have regard to the following— whether site rent payable under the agreement is unpaid; whether the home is unoccupied and neglected; whether the agreement has already been terminated under part 6 ; whether the home owner’s mail is being collected; reports from neighbours of the home owner, or from other persons, about the whereabouts or absence of the home owner; whether utilities supplied to, or used at, the home have been disconnected; whether the home owner’s personal effects have been removed from the home; anything else the tribunal considers relevant. In conjunction with the abandonment order, the tribunal may do any of the following— by order (a sale order ), authorise the park owner, in the way and on any conditions stated in the order, to sell the home or the home owner’s personal effects in the home or on the site; order the home owner to pay to the park owner any amount payable under the agreement up to the day the agreement is taken to have been terminated under subsection (4) (b) (the termination payment ); make any other order the tribunal considers appropriate. An amount payable to the park owner under subsection (6) (b) is recoverable as a debt. The park owner must not sell the home to which the abandonment order relates, or the home owner’s personal effects in the home or on the site, unless the tribunal authorises the park owner to sell the home or personal effects under subsection (6) (a) . Maximum penalty—100 penalty units. In this section— terminated site agreement means a site agreement terminated under part 6 , division 3 . (sec.52-ssec.1) Subsection (3) applies if the park owner under a site agreement reasonably believes the home owner has abandoned the manufactured home positioned on the site. (sec.52-ssec.2) Subsection (3) also applies if the park owner under a terminated site agreement reasonably believes the home owner under the agreement has abandoned the manufactured home positioned on the site. (sec.52-ssec.3) On application by the park owner, the tribunal may make an order (the abandonment order ) declaring that the home owner has abandoned the home and the day the home was abandoned. (sec.52-ssec.4) The following provisions have effect on the day stated in the abandonment order as the day the home was abandoned— the home owner is taken to have abandoned the home; unless the agreement is a terminated site agreement, the agreement is taken to have been terminated. (sec.52-ssec.5) In deciding whether to make the abandonment order, the tribunal may have regard to the following— whether site rent payable under the agreement is unpaid; whether the home is unoccupied and neglected; whether the agreement has already been terminated under part 6 ; whether the home owner’s mail is being collected; reports from neighbours of the home owner, or from other persons, about the whereabouts or absence of the home owner; whether utilities supplied to, or used at, the home have been disconnected; whether the home owner’s personal effects have been removed from the home; anything else the tribunal considers relevant. (sec.52-ssec.6) In conjunction with the abandonment order, the tribunal may do any of the following— by order (a sale order ), authorise the park owner, in the way and on any conditions stated in the order, to sell the home or the home owner’s personal effects in the home or on the site; order the home owner to pay to the park owner any amount payable under the agreement up to the day the agreement is taken to have been terminated under subsection (4) (b) (the termination payment ); make any other order the tribunal considers appropriate. (sec.52-ssec.7) An amount payable to the park owner under subsection (6) (b) is recoverable as a debt. (sec.52-ssec.8) The park owner must not sell the home to which the abandonment order relates, or the home owner’s personal effects in the home or on the site, unless the tribunal authorises the park owner to sell the home or personal effects under subsection (6) (a) . Maximum penalty—100 penalty units. (sec.52-ssec.9) In this section— terminated site agreement means a site agreement terminated under part 6 , division 3 . - (a) the home owner is taken to have abandoned the home; - (b) unless the agreement is a terminated site agreement, the agreement is taken to have been terminated. - (a) whether site rent payable under the agreement is unpaid; - (b) whether the home is unoccupied and neglected; - (c) whether the agreement has already been terminated under part 6 ; - (d) whether the home owner’s mail is being collected; - (e) reports from neighbours of the home owner, or from other persons, about the whereabouts or absence of the home owner; - (f) whether utilities supplied to, or used at, the home have been disconnected; - (g) whether the home owner’s personal effects have been removed from the home; - (h) anything else the tribunal considers relevant. - (a) by order (a sale order ), authorise the park owner, in the way and on any conditions stated in the order, to sell the home or the home owner’s personal effects in the home or on the site; - (b) order the home owner to pay to the park owner any amount payable under the agreement up to the day the agreement is taken to have been terminated under subsection (4) (b) (the termination payment ); - (c) make any other order the tribunal considers appropriate.