Div 3Continuation or reissue of certain agreements

Division 3—Continuation or reissue of certain agreements 17A—Agreement for fixed term continues as periodic agreement if not terminated If a residential park agreement for a fixed term has not terminated at or before the end of the fixed term, and is not required to be reissued in accordance with section 17B, the agreement continues— (a) as a residential park agreement for a periodic tenancy with a tenancy period equivalent to the interval between rental payment times under the agreement; and (b) with terms of agreement that in other respects are the same as those applying under the agreement immediately before the end of the fixed term. 17B—Certain site agreements to be reissued (1) If a prescribed fixed term agreement has not terminated at or before the end of the fixed term and no notice has been given by either party to the agreement in accordance with subsection (2)— (a) the agreement will, at the end of that fixed term, be taken to have been reissued as a residential park site agreement for the same fixed term and with terms of agreement that in other respects are the same as those applying under the agreement immediately before the end of the fixed term; and (b) the park owner must, within 28 days after the end of that fixed term, give the resident a copy of the reissued agreement in writing in accordance with Division 1. (2) If the park owner or resident under a prescribed fixed term agreement does not want the agreement to be reissued on the same terms in accordance with subsection (1)— (a) the park owner or resident may give written notice to the other party to the agreement that a variation of terms is sought; and (b) the park owner must, in consultation with the resident, undertake a review of the agreement (in accordance with any requirements prescribed by the regulations); and (c) following such a review, the park owner must reissue the agreement (as a written agreement that complies with the requirements of this Act) for such a term and on such other terms of agreement as may be agreed with the resident. (3) The period of notice under subsection (2) must be at least 90 days. (4) A party to an agreement that is the subject of a review under subsection (2) must not unreasonably withhold consent to a variation of terms sought by the other party to the agreement and an application may be made to the Tribunal for an order or orders if the other party thinks consent has been unreasonably withheld. (5) If a review of a residential park site agreement for a fixed term required under subsection (2) is not undertaken or is not completed before the end of the fixed term, the fixed term is taken to be extended until the review is completed and the agreement is reissued. (6) If a resident who occupies a residential park site under a periodic residential park site agreement has held a right of occupancy within the residential park for a period of 5 years or more— (a) the park owner must, in consultation with the resident, undertake a review of the agreement (in accordance with any requirements prescribed by the regulations); and (b) following such a review, the park owner must reissue the agreement (as a written agreement that complies with the requirements of this Act) for a fixed term agreed with the resident. (7) Despite any other provision of this section, an agreement is not required to be reviewed or reissued under this section if— (a) in the case of a prescribed fixed term agreement—the resident notifies the park owner, in writing, that the resident does not wish to continue to occupy the site under a fixed term agreement; or (b) in the case of a periodic residential park site agreement to which subsection (6) applies—the resident notifies the park owner, in writing and in compliance with any certification requirements prescribed by the regulations, that the resident waives the right to have the agreement reissued under this section; or (c) in any case—either party to the agreement has given the other party a notice of termination in accordance with this Act. (8) If a resident notifies a park owner in accordance with subsection (7)(a), the prescribed fixed term agreement continues as a residential park agreement for a periodic tenancy (in accordance with section 17A) and this section will not apply in relation to the agreement unless— (a) the resident later notifies the park owner, in writing, that the resident now wishes this section to apply to the agreement (in which case subsection (6) applies as if the resident had held a right of occupancy within the residential park for a period of 5 years or more); or (b) the agreement is assigned in accordance with section 48 (in which case this section applies to the assigned agreement as if the resident under the assigned agreement had held a right of occupancy within the residential park for a period of 5 years or more). (9) If a resident notifies a park owner in accordance with subsection (7)(b), the periodic residential park site agreement will continue and this section will not apply in relation to the agreement unless— (a) the resident later notifies the park owner, in writing, that the resident now wishes this section to apply to the agreement (in which case subsection (6) once again applies to the agreement); or (b) the agreement is assigned in accordance with section 48 (in which case this section applies to the assigned agreement as if the resident under the assigned agreement had held a right of occupancy within the residential park for a period of 5 years or more). (10) Without limiting the regulations that may be made for the purposes of subsection (2)(b) or subsection (6)(a), the regulations may prescribe limitations on the terms of agreement that may be varied, or the manner in which such terms may be varied, as a result of a review under this section. (11) A park owner who refuses or fails to comply with a requirement of this section is guilty of an offence. (12) In this section— prescribed fixed term agreement means a residential park site agreement for a fixed term— (a) of 5 years or more; or (b) of less than 5 years if the resident has held a right of occupancy within the residential park for a period of 5 years or more.