122Termination by operator for breach of agreement

#### 122 Termination by operator for breach of agreement 122 Termination by operator for breach of agreement > > (1) The operator of a community may give a termination notice on the ground that the home owner has seriously or persistently breached the site agreement. > > > (2) The termination notice must not specify a date for vacating the residential site that is earlier than 90 days after the day on which the notice is given. > > > (3) The termination notice may specify a date for vacating the residential site that is before the end of the fixed term of the site agreement if it is a fixed term agreement. > > > (4) For the purposes of this section, the home owner is not in breach of the site agreement for non-payment of a site fee unless the fee has remained unpaid for at least 30 days. > > > (5) The Tribunal may make a termination order if it is satisfied that— > > > > > (a) a termination notice was given under this section and the home owner has not vacated the residential site as required by the notice, and > > > > > (b) the home owner has breached the site agreement, and > > > > > (c) the breach is, in the circumstances of the case, sufficient to justify termination of the agreement. > > > (6) In considering the circumstances of the case, the Tribunal may consider (but is not limited to considering) the following— > > > > > (a) the nature of the breach, > > > > > (b) any previous breaches, > > > > > (c) any steps taken by the home owner to remedy the breach, > > > > > (d) any steps taken by the operator of the community about the breach, > > > > > (e) the previous history of the home owner’s occupation of the residential site. > > > (7) The Tribunal may refuse to make the termination order if it is satisfied that the home owner has remedied the breach.