Div 6Park owner's obligations in relation to condition of rented property and common areas

Division 6—Park owner's obligations in relation to condition of rented property and common areas 34—Cleanliness It is a term of a residential park agreement that the park owner— (a) must ensure that the rented property is in a reasonable state of cleanliness when the resident enters into occupation of the rented property; and (b) must keep the common areas of the residential park and any garden or other areas in the park in a reasonable state of cleanliness; and (c) must arrange for the regular collection of the garbage of residents and any other garbage in the residential park. 35—Park owner's obligation to repair (1) It is a term of a residential park agreement that the park owner— (a) must ensure that the rented property and the common areas of the residential park are in a reasonable state of repair when the resident enters into occupation of the rented property and must keep them in a reasonable state of repair having regard to their age, character and prospective life; and (b) must comply with statutory requirements affecting the rented property and the common areas of the residential park; and (c) must, if required to carry out repairs to common area bathroom, toilet or laundry facilities, minimise inconvenience or disruption to the resident and, if necessary, provide temporary substitute facilities. (2) The obligation to repair applies even though the resident had notice of the state of disrepair before entering into occupation. (3) However, the park owner will not be regarded as being in breach of the obligation to repair unless the park owner— (a) has notice of the defect requiring repair; and (b) fails to act with reasonable diligence to have the defect repaired. (4) If— (a) rented property is in a state of disrepair that does not arise from a contravention of the residential park agreement by the resident; and (b) the state of disrepair is, unless remedied, likely to result in personal injury or damage to property or undue inconvenience; and (c) the resident notifies the park owner of the state of disrepair or makes a reasonable attempt to do so; and (d) the resident incurs costs in having the state of disrepair remedied; and (e) the repairs are carried out by a person who is licensed to carry out the necessary work and the person provides the park owner with a report on the work carried out and the apparent cause of the state of disrepair, the resident is entitled to recover from the park owner the reasonable costs of having the repairs carried out. (6) The obligation to repair includes an obligation to maintain all trees in the residential park in a condition that does not create any unreasonable risk to the safety of residents or their property.