Div 13Miscellaneous

Division 13—Miscellaneous 46—Accelerated rent and liquidated damages (1) If a residential park agreement provides that, on breach by the resident of a term about rent or other term of the agreement, the resident is liable to pay— (a) all or any part of the rent remaining payable under the agreement; or (b) rent of an increased amount; or (c) an amount by way of penalty; or (d) an amount by way of liquidated damages, the provision is void. (2) If a residential park agreement provides that, on early or punctual payment of rent, the rent will or may be decreased or the resident will or may be granted or paid a rebate, refund or other benefit, the resident is entitled to the reduction, rebate, refund or other benefit in any event. (3) If a residential park agreement contains a provision to which this section applies, the park owner is guilty of an offence. 47—Duty of mitigation The rules of the law of contract about mitigation of loss or damage on breach of a contract apply to a breach of a residential park agreement.