Part 7Residential park site agreement—sale of dwelling on‑site

Part 7—Residential park site agreement—sale of dwelling on‑site 50—Residential park site agreement—sale of dwelling on-site (1) It is a term of a residential park site agreement that the resident— (a) is entitled to sell the dwelling installed or located on the site to which the agreement relates while the dwelling is in place on the site; and (b) must inform the park owner of the resident’s intention to offer the dwelling for sale before displaying a "for sale" sign in or on the dwelling or site. (2) A park owner or park owner's agent who— (a) hinders, or attempts to hinder, the sale of a dwelling by a resident in accordance with the term of a residential park site agreement arising under subsection (1)(a); or (b) prevents, or attempts to prevent, the display by a resident of a "for sale" sign in or on a dwelling or site for the purpose of selling the dwelling in accordance with the term of a residential park site agreement arising under that subsection, is guilty of an offence. (3) Without limiting subsection (2), a park owner or park owner's agent is to be taken to hinder the sale of a dwelling if the park owner or park owner's agent stops potential buyers from inspecting the dwelling. (4) A park owner does not contravene subsection (2) in relation to the proposed sale of a dwelling installed or located on a site if the park owner has reasonably refused to consent to a proposed assignment of the resident's interest in the residential park site agreement relating to the site. 50A—Sale of dwelling following death of resident (1) If— (a) a resident under a residential park site agreement dies; and (b) the personal representative of the deceased, or a person who has inherited property of the deceased, intends to sell a dwelling that is on the site, the personal representative or other person must inform the park owner, in writing, of the intention to offer the dwelling for sale and give the park owner a first option to purchase the dwelling (for a market value agreed between the personal representative or other person selling the dwelling and the park owner). (2) If no agreement is reached as to the sale of the dwelling within the period of 28 days after the park owner is informed of the intention to sell, the park owner's option to purchase will lapse and the dwelling may be offered for sale to other parties (and, if the dwelling is to be sold on site, the requirement to inform the park owner of the intention to offer the dwelling for sale under section 50(1)(b) does not apply). (3) For the avoidance of doubt, nothing in this section obliges the personal representative or other person who has inherited property of the deceased to sell the dwelling to the park owner. Part 8—Sub-tenancy agreements 51—Sub-tenancy agreements (1) A resident under a residential park agreement may enter into a sub-tenancy agreement with another person in respect of the site to which the residential park agreement relates and the dwelling on the site (whether a dwelling made available by the park owner or installed or located on the site by the resident). (2) A sub-tenancy agreement may be in writing or oral. (3) However, it is a term of a residential park agreement that the resident must not enter into a sub-tenancy agreement unless— (a) the park owner has park rules in force for the residential park defining the terms (as to payment or any other matter) on which the park owner will act as managing agent for residents in relation to sub-tenancy agreements and the services to be provided by the park owner to residents as managing agent in relation to sub-tenancy agreements; and (b) the park owner has consented to the making of the sub-tenancy agreement; and (c) the resident has entered into an agreement (a sub-tenancy managing agent agreement) with the park owner under which the park owner will act as managing agent for the resident in relation to the sub-tenancy agreement in accordance with the park rules. (4) If a resident enters into— (a) a sub-tenancy agreement; and (b) a sub-tenancy managing agent agreement with the park owner in relation to the sub-tenancy agreement, a reference in this Act to a park owner is, in relation to the sub-tenancy agreement, to be taken to include a reference to— (c) the park owner acting as managing agent for the resident in relation to the sub-tenancy agreement; and (d) the resident.