Part 5Assignment of residential park agreements

Part 5—Assignment of residential park agreements 48—Assignment of residential park agreement (1) A resident under a residential park agreement may assign the resident's interest in the agreement to another person by written or oral agreement with the other person. (2) However, it is a term of a residential park agreement that— (a) the resident must not assign the resident's interest without the written consent of the park owner; but (b) the park owner— (ii) must not make a charge for giving consent or considering an application for consent exceeding the park owner's reasonable expenses. (3) The park owner is to be taken to have consented to an assignment if— (a) the resident— (i) has given the park owner written notice of the assignment setting out the full name and contact details of the proposed assignee; and (ii) has requested the park owner to consent to the assignment by signing and returning the notice to the resident; and (b) the park owner has not consented, or refused to consent, to the assignment within 7 days after receipt of the notice of the assignment. (4) The absence of consent does not invalidate an assignment. (5) However, if the park owner's consent to an assignment is not obtained, the resident who assigns the interest remains liable to the park owner under the residential park agreement (together with the new resident, who is jointly and severally liable) unless the park owner has unreasonably withheld consent. (6) This continuing liability of the assignor does not apply, in the case of a residential park agreement for a periodic tenancy, to a liability accruing more than 21 days after the park owner became aware or ought reasonably to have become aware of the assignment (whichever is the earlier). (7) If the park owner's consent to an assignment is not obtained and the park owner had, before the assignment, served a notice of termination on the assignor, the park owner may enforce the notice against the assignee. (8) The park owner may terminate a residential park agreement on the ground that the resident has assigned the resident's interest without the park owner's consent, but only if the park owner has not unreasonably withheld consent and serves the notice of termination within 21 days after the time the park owner became aware or ought reasonably to have become aware of the assignment (whichever is the earlier). (9) The effect of an assignment under this section is that the assignee is substituted for the assignor as resident under the residential park agreement (but the assignor remains responsible for liabilities that accrued before the date of the assignment). (10) An assignee is liable to indemnify the assignor for liabilities incurred by the assignor to the park owner because of a breach of the residential park agreement by the assignee. (11) If the resident assigns the resident's interest, an amount paid by the resident and held by way of a bond will (unless the parties agree to the contrary) continue to be held as a bond for the proper performance by the assignee of obligations under the residential park agreement. (12) A resident under a residential park site agreement, or a person authorised to act on behalf of such a resident in relation to assignment of the resident's interest, must, at least 14 business days before any assignment of the resident's interest to another person, advise that other person to contact the park owner to request the prescribed information. (13) It is a defence to a charge of an offence against subsection (12) for the defendant to prove that the defendant believed on reasonable grounds that the other person had already contacted the park owner to request the prescribed information. (14) A park owner must, within 7 business days after receiving a request for prescribed information from a person to whom a residential park site agreement may be assigned (or such longer period as may be agreed by the person making the request), provide the person with the prescribed information. (15) A failure to comply with subsection (12) or (14) does not invalidate an assignment.