129Application by operator for termination for serious misconduct

129 Application by operator for termination for serious misconduct

129 Application by operator for termination for serious misconduct

(1) The operator of a community may apply to the Tribunal for a termination order on the ground of serious misconduct, without the need for a termination notice to be given.

(2) The Tribunal may make the termination order under Division 3 if it is satisfied that a home owner (or any person who is occupying or jointly occupying the residential site) has intentionally or recklessly caused or permitted—

(a) serious damage to any property in the community, or

(b) injury to any person when lawfully present in the community, or

(c) the residential site to be used for any purpose that is illegal at common law or under an Act, or

(d) the operator (or the operator’s agent or an employee or contractor of the operator or operator’s agent) or any resident to be seriously or persistently threatened or abused.

(3) The termination order may take effect before or after the end of the fixed term if the site agreement is for a fixed term.