Part 10Serious acts of violence

Part 10—Serious acts of violence 95—Park owner may give person notice to leave for serious act of violence (1) A park owner may give a resident a notice to leave the residential park immediately if the park owner has reasonable grounds to believe that— (a) a serious act of violence by the resident has occurred in the park; or (b) the safety of any person in the park is in danger from the resident. (2) A park owner may give a person permitted on rented property with the consent of the resident (a resident's visitor) a notice to leave the residential park immediately if the park owner has reasonable grounds to believe that— (a) a serious act of violence by the resident's visitor has occurred in the park; or (b) the safety of any person in the park is in danger from the resident's visitor. (3) A notice to leave under this section must be in the form approved by the Commissioner. (4) A notice to leave under this section must be given as soon as it is possible for the park owner to safely do so after the serious act of violence has occurred or the safety of a person in the park has been endangered. (5) A park owner must not give a notice under this section, or a document that purports to be a notice to leave under this section, unless the park owner has reasonable grounds to believe that— (a) a serious act of violence by a resident or resident's visitor has occurred in the residential park; or (b) the safety of any person in the residential park is in danger from a resident or a resident's visitor. (6) A person who has been given a notice to leave a residential park under this section must not remain in the park after receiving the notice. 96—Exclusion from park for certain period (1) A resident who is given a notice to leave under this Part must not enter or remain in the residential park for the exclusion period. (2) In this section— exclusion period means— (a) until the end of 2 business days after the notice is given; or (b) if an application is made under section 97— (i) until the end of 4 business days after the notice is given; or (ii) if within that period the Tribunal on the application of the park owner so orders, until the Tribunal has heard and determined the application. 97—Park owner may make urgent application to Tribunal (1) If a resident is given a notice to leave under this Part, the park owner may apply to the Tribunal for an order that the residential park agreement be terminated. (2) An application under subsection (1) must be made within the exclusion period. (3) On hearing an application under this section, the Tribunal may— (a) make an order terminating the residential park agreement as at the date of the order and make an order for possession of the rented property; or (b) make an order vesting the residential park agreement in a person who resides or resided on the rented property with the resident; or (c) order that the resident be allowed to resume occupation of the rented property under the residential park agreement. (4) The Tribunal may make any ancillary or incidental orders that the Tribunal considers appropriate. (5) If the Tribunal orders that the resident be allowed to resume occupation of the rented property under the residential park agreement and is satisfied that there was no reasonable basis for the giving of the notice under this Part, the Tribunal may make 1 or more of the following orders: (a) an order excusing the resident from paying rent in respect of the exclusion period; (b) an order for compensation to be paid to the resident by the park owner for rent paid in respect of the exclusion period; (c) an order for compensation to be paid to the resident by the park owner for reasonable expenses incurred by the resident relating to the exclusion period. 98—Occupation of rented property pending application or hearing (1) A park owner must not, during the exclusion period, allow any third person to occupy the rented property. (2) In this section— third person means a person other than the resident or a person who resided on the rented property with the resident immediately before the notice to leave the residential park was given to the resident.