Part 9Termination of residential park agreements

Part 9—Termination of residential park agreements Division 1—Termination generally 52—Termination of residential park agreement (1) A residential park agreement terminates if— (a) the park owner or the resident terminates the agreement by notice of termination given to the other (as required under this Act); or (b) the Tribunal terminates the agreement; or (c) a person having title superior to the park owner's title becomes entitled to possession of the rented property under the order of the Tribunal or a court; or (d) except in the case of a residential park site agreement for a fixed term—a mortgagee takes possession of the rented property under a mortgage; or (da) the agreement terminates by force of a notice to vacate issued in respect of the property; or (e) the resident abandons the rented property; or (f) the agreement is a residential park tenancy agreement and the resident dies without leaving dependants in occupation of the rented property; or (g) the resident gives up possession of the rented property with the park owner's consent; or (h) the interest of the resident merges with another estate or interest in the land; or (i) disclaimer occurs. (2) For the avoidance of doubt, except as provided in subsection (1)(f) a residential park agreement does not terminate on the death of the resident but may be assigned, terminated or otherwise dealt with in accordance with this Act by the resident's personal representative on behalf of the resident's estate. 54—Termination of agreement for periodic tenancy A notice terminating a residential park agreement for a periodic tenancy under this Part is not ineffectual because— (a) the period of notice is less than would, apart from this Act, have been required at law; or (b) the day on which the agreement is to end is not the last day of a period of the tenancy. 55—Limitation of right to terminate (1) If— (a) rented property— (i) has, within the preceding 6 months, been the subject of an inspection by an authorised officer within the meaning of the Housing Improvement Act 2016 in connection with the administration or enforcement of that Act; or (ii) is subject to a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice or rent control notice; or (b) an order is in force under section 22 in respect of rented property or proceedings for such an order have been commenced, the park owner may only terminate the residential park agreement by notice of termination under this Part if the notice is given on a specified ground, and the Tribunal authorises the notice of termination. (2) This section does not apply to a notice of termination given by the park owner to terminate a residential park agreement for a fixed term at the end of the fixed term. (2a) This section does not apply if a notice to vacate applies in respect of the rented property. (3) The Tribunal may authorise a notice of termination under this section if satisfied of the genuineness of the proposed ground on which the notice is to be given. Division 2—Residential park tenancy agreements—termination by parties 56—Termination for breach of agreement (1) If the resident breaches a residential park tenancy agreement, the park owner may give the resident a written notice in the form approved by the Commissioner— (b) informing the resident that if the breach is not remedied within a specified period (which must be a period of at least 14 days) from the date the notice is given, then— (ii) the resident must give up vacant possession of the rented property before the end of the next day. (2) If notice is given under this section on the ground of a failure to pay rent— (a) the notice is ineffectual unless the rent (or any part of the rent) has remained unpaid in breach of the agreement for not less than 7 days before the notice was given; and (b) the notice is not rendered ineffectual by failure by the park owner to make a prior formal demand for payment of the rent. (3) If notice is given under this section in respect of a residential park tenancy agreement for a fixed term, the notice is not ineffectual because the day specified as the day on which the resident is to give up vacant possession of the rented property is earlier than the last day of that term. (4) The resident may at any time after receiving a notice under this section and before giving vacant possession to the park owner, apply to the Tribunal for an order— (a) declaring that the resident is not in breach of the residential park agreement, or has remedied the breach of the agreement, and that the agreement is not liable to be terminated under this section; or (5) If the Tribunal is satisfied that a residential park tenancy agreement has been validly terminated under this section, but that it is just and equitable to reinstate the agreement (or would be just and equitable to reinstate the agreement if the conditions of the order were complied with), the Tribunal may make an order reinstating the agreement. (6) An order reinstating the agreement under this section may be made on conditions that the Tribunal considers appropriate. (7) On an application for an order reinstating the agreement, the Tribunal may make alternative orders providing for reinstatement of the agreement if specified conditions are complied with but, if not, ordering the resident to give up vacant possession of the rented property to the park owner. 57—Termination where successive breaches of agreement (1) A park owner may, by notice of termination given to the resident, terminate a residential park tenancy agreement on the ground that the resident— (b) had committed breaches of the same term of the agreement on at least 2 previous occasions and been given separate notice under section 56 in respect of each of those breaches. (2) Subject to subsection (3), the period of notice given under this section must be at least 14 days. (3) If notice is given under this section on the ground of a failure to pay rent— (a) the notice is ineffectual unless the rent (or any part of the rent) has remained unpaid in breach of the agreement for not less than 7 days before the notice was given; and (b) the notice is not rendered ineffectual by failure by the park owner to make a prior formal demand for payment of the rent; and (c) the period of notice given must be at least 7 days. 58—Termination where serious misconduct by resident (1) A park owner may, by notice of termination given to the resident, terminate a residential park tenancy agreement on the ground that the resident, or a person permitted on the rented property with the consent of the resident, has intentionally or recklessly caused or permitted, or is likely to cause or permit— (a) personal injury to— (i) the park owner or the park owner's agent; or (ii) a person in the residential park or in the vicinity of the residential park; or (b) serious damage to the rented property or other property in the residential park; or (c) serious interference— (i) with the reasonable peace, comfort or privacy of another resident in the other resident's use of rented property or with the reasonable use or enjoyment by another resident of common areas of the residential park; or (ii) with the reasonable peace, comfort or privacy of a person residing in the immediate vicinity of the residential park. 59—Termination where periodic tenancy and sale of rented property (1) A park owner may, by notice of termination given to the resident, terminate a residential park tenancy agreement for a periodic tenancy on the ground that the park owner— (a) has entered into a contract for the sale of the rented property or the dwelling comprised in the rented property; and (b) is required under the contract to give vacant possession of the rented property or the dwelling. (2) The period of notice given under this section must be at least 28 days or a period equivalent to a single period of the tenancy (whichever is the longer). (3) A person must not falsely state the ground of termination in a notice of termination given, or purportedly given, under this section. (4) A park owner who recovers possession of rented property under this section must not, without the consent of the Tribunal, enter into a residential park tenancy agreement with any person in relation to the same rented property within 6 months after recovering possession. 60—Termination where periodic tenancy and no specified ground of termination (1) A park owner may, by notice of termination given to the resident, terminate a residential park tenancy agreement for a periodic tenancy without specifying a ground of termination. (2) However, an agreement cannot be terminated under this section if— (a) a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice or rent control notice applies in respect of the rented property; or (b) an order is in force under section 22 in respect of the rented property or proceedings for such an order have been commenced. (3) The period of notice under this section must be at least 60 days or a period equivalent to a single period of the tenancy (whichever is the longer). 61—Termination at end of fixed term (1) A park owner may, by notice of termination given to the resident, terminate a residential park tenancy agreement for a fixed term at the end of the fixed term without specifying a ground of termination. 62—Termination where agreement frustrated (1) A park owner may, by notice of termination given to the resident, terminate a residential park tenancy agreement on the ground that, otherwise than as a result of a breach of the agreement, the rented property or a substantial portion of the rented property— (2) A notice given under subsection (1)(a) or (b) may terminate the agreement immediately. (3) A notice given under subsection (1)(c) must provide for a period of notice of at least 60 days. 63—Termination for breach of agreement (1) If the park owner breaches a residential park tenancy agreement, the resident may give the park owner a written notice, in the form approved by the Commissioner— (b) informing the park owner that if the breach is not remedied within a specified period (which must be a period of at least 14 days) from the date the notice is given, then— (ii) the resident will give up vacant possession of the rented property before the end of the next day. (2) The park owner may, before the time fixed in the resident's notice for termination of the agreement or the resident gives up vacant possession of the rented property (whichever is the later), apply to the Tribunal for an order— (a) declaring that the park owner is not in breach of the agreement, or has remedied the breach of the agreement, and that the agreement is not liable to be terminated under this section; or (3) If the Tribunal is satisfied that a residential park tenancy agreement has been validly terminated under this section, but that it is just and equitable to reinstate the agreement (or would be just and equitable to reinstate the agreement if the conditions of the order were complied with), the Tribunal may make an order reinstating the agreement. (4) An order reinstating the agreement under this section may be made on conditions that the Tribunal considers appropriate. 64—Termination where successive breaches of agreement (1) A resident may, by notice of termination given to the park owner, terminate a residential park tenancy agreement on the ground that the park owner— (b) had committed breaches of the same term of the agreement on at least 2 previous occasions and been given separate notice under section 63 in respect of each of those breaches. (2) The period of notice given under this section must be at least 14 days. 65—Termination where periodic tenancy and no specified ground of termination (1) A resident may, by notice of termination given to the park owner, terminate a residential park tenancy agreement for a periodic tenancy without specifying a ground of termination. (2) The period of notice under this section must be at least 21 days or a period equivalent to a single period of the tenancy (whichever is longer). 66—Termination at end of fixed term (1) A resident may, by notice of termination given to the park owner, terminate a residential park tenancy agreement for a fixed term at the end of the fixed term without specifying a ground of termination. 67—Termination where agreement frustrated (1) A resident may, by notice of termination given to the park owner, terminate a residential park tenancy agreement on the ground that, otherwise than as a result of a breach of the agreement, the rented property or a substantial portion of the rented property— Division 3—Residential park site agreements—termination by parties 68—Termination for breach of agreement (1) If the resident breaches a residential park site agreement, the park owner may give the resident a written notice in the form approved by the Commissioner— (b) informing the resident that if the breach is not remedied within a specified period (which must be a period of at least 28 days) from the date the notice is given, then— (ii) the resident must give up vacant possession of the rented property before the end of the next day. (2) If notice is given under this section on the ground of a failure to pay rent— (a) the notice is ineffectual unless the rent (or any part of the rent) has remained unpaid in breach of the agreement for not less than 7 days before the notice was given; and (b) the notice is not rendered ineffectual by failure by the park owner to make a prior formal demand for payment of the rent. (3) If notice is given under this section in respect of a residential park site agreement for a fixed term, the notice is not ineffectual because the day specified as the day on which the resident is to give up vacant possession of the rented property is earlier than the last day of that term. (4) The resident may, at any time after receiving a notice under this section and before giving vacant possession to the park owner, apply to the Tribunal for an order— (a) declaring that the resident is not in breach of the residential park agreement, or has remedied the breach of the agreement, and that the agreement is not liable to be terminated under this section; or (5) If the Tribunal is satisfied that a residential park site agreement has been validly terminated under this section, but that it is just and equitable to reinstate the agreement (or would be just and equitable to reinstate the agreement if the conditions of the order were complied with), the Tribunal may make an order reinstating the agreement. (6) An order reinstating the agreement under this section may be made on conditions that the Tribunal considers appropriate. (7) On an application for an order reinstating the agreement, the Tribunal may make alternative orders providing for reinstatement of the agreement if specified conditions are complied with but, if not, ordering the resident to give up vacant possession of the rented property to the park owner. 69—Termination where successive breaches of agreement (1) A park owner may, by notice of termination given to the resident, terminate a residential park site agreement on the ground that the resident— (b) had committed breaches of the same term of the agreement on at least 2 previous occasions and been given separate notice under section 68 in respect of each of those breaches. (2) The period of notice given under this section must be at least 28 days. (3) If notice is given under this section on the ground of a failure to pay rent— (a) the notice is ineffectual unless the rent (or any part of the rent) has remained unpaid in breach of the agreement for not less than 7 days before the notice was given; and (b) the notice is not rendered ineffectual by failure by the park owner to make a prior formal demand for payment of the rent. 70—Termination where serious misconduct by resident (1) A park owner may, by notice of termination given to the resident, terminate a residential park site agreement on the ground that the resident, or a person permitted on the rented property with the consent of the resident, has intentionally or recklessly caused or permitted, or is likely to cause or permit— (a) personal injury to— (i) the park owner or the park owner's agent; or (ii) a person in the residential park or in the vicinity of the residential park; or (b) serious damage to the rented property or other property in the residential park; or (c) serious interference— (i) with the reasonable peace, comfort or privacy of another resident in the other resident's use of rented property or with the reasonable use or enjoyment by another resident of common areas of the residential park; or (ii) with the reasonable peace, comfort or privacy of a person residing in the immediate vicinity of the residential park. 70A—Termination where change of use or redevelopment (1) A park owner may, by notice of termination given to the resident, terminate a residential park site agreement on the ground that— (a) the residential park will no longer be used as a residential park; or (b) the residential park, or a part of the residential park, is undergoing redevelopment that cannot be completed in a safe and efficient way unless the resident vacates the residential park site. (2) For the avoidance of doubt, the fact that a residential park is being sold or otherwise transferred to new ownership does not, of itself, constitute grounds for termination of an agreement under subsection (1). (3) A park owner may not exercise the right to terminate an agreement on a ground specified in subsection (1) unless the park owner has first offered the resident— (a) a residential park site agreement for a site— (i) in the same residential park; or (ii) in another residential park owned by the same owner, to be entered into in substitution for the residential park site agreement that is being terminated and an agreement to relocate the resident to that site at the expense of the park owner (and the proposed new residential park site agreement must constitute a reasonable offer in the circumstances); or (b) an agreement for the purchase, by the park owner, of a dwelling owned by the resident on termination of the residential park site agreement; or (c) an agreement for the relocation, at the expense of the park owner, of a dwelling owned by the resident on termination of the residential park site agreement, and the resident has accepted that offer. (4) The resident must not unreasonably refuse an offer made by a park owner in accordance with subsection (3). (5) If the resident and park owner are not able to reach an agreement in relation to an offer made by the park owner in accordance with subsection (3), the park owner or the resident may apply to the Tribunal for resolution of the dispute. (6) Subject to any order of the Tribunal or any agreement between the park owner and the resident to the contrary, the period of notice under subsection (1) must be at least 365 days. (7) A park owner may, by notice in writing, agree to waive the right to terminate a residential park site under subsection (1) (and in such a case this section will not apply to the residential park site agreement). (8) Nothing in this section affects the power of a park owner to terminate a periodic tenancy under section 71. 71—Termination where periodic tenancy and no specified ground of termination (1) A park owner may, by notice of termination given to the resident, terminate a residential park site agreement for a periodic tenancy without specifying a ground of termination. (2) However, an agreement cannot be terminated under this section if— (a) an order is in force under section 22 in respect of the rented property or proceedings for such an order have been commenced; or (b) the resident has held a right of occupancy within the residential park for a period of 5 years or more. (3) The period of notice under this section must be at least 90 days. 72—Termination at end of fixed term (1) A park owner may, by notice of termination given to the resident, terminate a residential park site agreement for a fixed term at the end of the fixed term without specifying a ground of termination. (3) This section does not apply to 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. 73—Termination where agreement frustrated (1) A park owner may, by notice of termination given to the resident, terminate a residential park site agreement on the ground that, otherwise than as a result of a breach of the agreement, the rented property or a substantial portion of the rented property— (2) A notice given under subsection (1)(a) or (b) may terminate the agreement immediately. (3) A notice given under subsection (1)(c) must provide for a period of notice of at least 60 days. 74—Termination for breach of agreement (1) If the park owner breaches a residential park site agreement, the resident may give the park owner a written notice, in the form approved by the Commissioner— (b) informing the park owner that if the breach is not remedied within a specified period (which must be a period of at least 14 days) from the date the notice is given, then— (ii) the resident will give up vacant possession of the rented property before the end of the next day. (2) The park owner may, before the time fixed in the resident's notice for termination of the agreement or the resident gives up vacant possession of the rented property (whichever is the later), apply to the Tribunal for an order— (a) declaring that the park owner is not in breach of the agreement, or has remedied the breach of the agreement, and that the agreement is not liable to be terminated under this section; or (3) If the Tribunal is satisfied that a residential park site agreement has been validly terminated under this section, but that it is just and equitable to reinstate the agreement (or would be just and equitable to reinstate the agreement if the conditions of the order were complied with), the Tribunal may make an order reinstating the agreement. (4) An order reinstating the agreement under this section may be made on conditions that the Tribunal considers appropriate. 75—Termination where successive breaches of agreement (1) A resident may, by notice of termination given to the park owner, terminate a residential park site agreement on the ground that the park owner— (b) had committed breaches of the same term of the agreement on at least 2 previous occasions and been given separate notice under section 74 in respect of each of those breaches. (2) The period of notice given under this section must be at least 14 days. 76—Termination where periodic tenancy and no specified ground of termination (1) A resident may, by notice of termination given to the park owner, terminate a residential park site agreement for a periodic tenancy without specifying a ground of termination. (2) The period of notice under this section must be at least 28 days or a period equivalent to a single period of the tenancy (whichever is longer). 77—Termination at end of fixed term (1) A resident may, by notice of termination given to the park owner, terminate a residential park site agreement for a fixed term at the end of the fixed term without specifying a ground of termination. 78—Termination where agreement frustrated (1) A resident may, by notice of termination given to the park owner, terminate a residential park site agreement on the ground that, otherwise than as a result of a breach of the agreement, the rented property or a substantial portion of the rented property— (a) has been rendered uninhabitable; or 78A—Termination where notice given under section 70A (1) If a park owner gives notice of termination to a resident under section 70A, the resident is not necessarily bound by the residential park site agreement until it terminates as a result of that notice, but may, by notice of termination given to the owner, terminate the agreement without specifying a ground of termination. (2) The period of the resident's notice to the owner must be at least 28 days. Division 4—Termination by Tribunal 79—Termination on application by park owner The Tribunal may, on application by a park owner, terminate a residential park agreement and make an order for possession of the rented property if satisfied that— (a) the resident has committed a breach of the agreement; and (b) the breach is sufficiently serious to justify termination of the agreement. 80—Termination on application by resident The Tribunal may, on application by a resident, terminate a residential park agreement and make an order for possession of the rented property if satisfied that— (a) the park owner has committed a breach of the agreement; and (b) the breach is sufficiently serious to justify termination of the agreement. 81—Termination based on hardship (1) If the continuation of a residential park agreement would result in undue hardship to the park owner or the resident, the Tribunal may, on application by the park owner or the resident, terminate the agreement from a date specified in the Tribunal's order and make an order for possession of the rented property as from that day. (2) The Tribunal may also make an order compensating a park owner or resident for loss and inconvenience resulting, or likely to result, from the early termination of the agreement. Division 5—Form of notices of termination 82—Form of notice of termination (1) A notice of termination given by a park owner to a resident must— (a) be in writing and in the form approved by the Commissioner; and (b) be signed by the park owner or the park owner's agent; and (c) state the address of the rented property subject to the residential park agreement; and (d) state the day on which the resident is required to give up vacant possession of the rented property to the park owner; and (e) if the residential park agreement is to be terminated on a particular ground—specify and give reasonable particulars of the ground of termination; and (f) include any further information required by the Commissioner. (2) A notice of termination given by a resident to a park owner must— (a) be in writing and in the form approved by the Commissioner; and (b) be signed by the resident or an agent of the resident; and (c) state the address of the rented property subject to the residential park agreement; and (d) state the day on which the resident is to give up vacant possession of the rented property to the park owner; and (e) if the residential park agreement is to be terminated on a particular ground—specify and give reasonable particulars of the ground of termination; and (f) include any further information required by the Commissioner. Division 6—Repossession of rented property 83—Order for possession (1) The Tribunal may, on application by the park owner, if satisfied that a residential park agreement has terminated, make an order for possession of the rented property. (2) The order for possession will take effect on a date specified by the Tribunal in the order, being a date not more than 7 days after the date of the order. (3) However, if the Tribunal, although satisfied that the park owner is entitled to an order for possession of the rented property, is satisfied by the resident that the grant of an order for immediate possession of the rented property would cause severe hardship to the resident, the Tribunal may— (a) suspend the operation of the order for possession for up to 90 days; and (b) extend the operation of the residential park agreement until the park owner obtains vacant possession of the rented property from the resident. (4) In extending the operation of the residential park agreement, the Tribunal may make modifications to the agreement that it considers appropriate (but the modifications cannot reduce the resident's financial obligations under the agreement except as may be appropriate for the recovery by the resident of any compensation payable to the resident). (5) If the resident fails to comply with an order for possession, the park owner is entitled to compensation for any loss caused by that failure. (6) The Tribunal may, on application by the park owner, order the resident to pay to the park owner compensation to which the park owner is entitled under subsection (5). 84—Abandonment of rented property (1) The Tribunal may, on application by a park owner— (a) declare that a resident abandoned rented property on a day stated in the declaration; and (b) make an order for immediate possession of the rented property. (2) In deciding whether a resident has abandoned rented property, the following matters are to be considered: (a) whether rent payable under the residential park agreement is unpaid; (b) whether the dwelling is unoccupied and neglected; (c) whether the resident's mail is being collected; (d) reports from neighbours, or other persons, about the absence or whereabouts of the resident; (e) whether electricity or other services to the rented property have been disconnected or terminated; (f) whether the resident's personal effects have been removed from the rented property; (g) any other matters the Tribunal considers relevant. (3) A resident is to be taken to have abandoned the rented property on the day stated in a declaration under this section. (4) If a resident has abandoned rented property, the park owner is entitled to compensation for any loss (including loss of rent) caused by the abandonment. (5) However, the park owner must take reasonable steps to mitigate any loss and is not entitled to compensation for loss that could have been avoided by those steps. (6) The Tribunal may, on application by the park owner, order the resident to pay to the park owner compensation to which the park owner is entitled under this section. 85—Repossession of rented property A person must not enter rented property for the purpose of taking possession of the rented property before, or after, the end of a residential park agreement unless— (a) the resident abandons, or voluntarily gives up possession of, the rented property; or (ab) the person is authorised to take possession of the rented property by force of a notice to vacate issued in respect of the rented property; or (b) the person is authorised to take possession of the rented property under the order of a court or the Tribunal. 86—Forfeiture of head tenancy not to automatically end agreement (1) A person cannot take possession of rented property so as to defeat the resident's right to possession under the residential park agreement unless an order for possession of the rented property is made by a court or the Tribunal. (2) If a person is entitled to possession of rented property as against a person who granted a residential park agreement, a court before which proceedings for possession of the rented property are brought, or the Tribunal, may, on application by an interested person, vest the residential park agreement in the person who would, but for the agreement, be entitled to possession of the rented property so that the resident holds the rented property directly from that person as park owner. (3) An order may be made under subsection (2) on terms and conditions the court or Tribunal considers just. Division 7—Enforcement of orders for possession 87—Enforcement of orders for possession (1) If an order for possession of rented property has been made by the Tribunal but has not been complied with, the Registrar or a Deputy Registrar must, at the written or oral request of the person in whose favour the order was made (or agent of that person), direct a bailiff to enforce the order. (2) A bailiff must enforce an order for possession as soon as is practicable after being directed to do so under this section. (3) A bailiff enforcing an order for possession of rented property may enter the rented property, ask questions and take all steps as are reasonably necessary for the purpose of enforcing the order. (4) In enforcing an order for possession, the bailiff is responsible for securing the removal of persons only and not property. (5) A police officer must, if requested by a bailiff, assist the bailiff in enforcing an order for possession. (6) In the exercise of the powers conferred by this section a bailiff may use the force that is reasonable and necessary in the circumstances. (7) A person must not hinder or obstruct a bailiff in the exercise of the powers conferred by this section. (8) A person questioned under this section must not refuse or fail to answer the question to the best of his or her knowledge, information and belief. (9) However, a person is not obliged to answer a question under this section if to do so might tend to incriminate the person or to make the person liable to a penalty, or would require the disclosure of information that is privileged under the principles of legal professional privilege. Division 8—Retaliatory action by park owner 88—Retaliatory action by park owner (1) This section applies to proceedings before the Tribunal— (a) on an application by a park owner for an order for possession of rented property or for both termination of a residential park agreement and an order for possession of the rented property; or (b) on an application by a resident for relief under this section following receipt of a notice of termination (whether or not the residential park agreement has terminated by force of the notice). (2) If the Tribunal is satisfied that the park owner was wholly or partly motivated to make the application or give the notice of termination (as the case may be) by action of the resident to complain to a government authority or secure or enforce the resident's rights as a resident, the Tribunal may, if the Tribunal considers it appropriate to do so in the circumstances of the case, do either or both of the following: (a) refuse the park owner's application; (b) make an order reinstating the residential park agreement on such conditions (if any) as the Tribunal considers appropriate. (3) If the resident alleges retaliatory action on the part of the park owner and the Tribunal is satisfied that the resident had, within the preceding 6 months, taken action to complain to a government authority or secure or enforce the resident's rights as a resident, the burden will lie on the park owner to prove that the park owner was not wholly or partly motivated to make the application or give the notice of termination (as the case may be) by the action of the resident. Division 9—Resident to give forwarding address 89—Resident to give forwarding address If— (a) a residential park agreement has terminated; or (b) a notice has been given under this Part that will terminate a residential park agreement, the resident must not fail, without reasonable excuse, to comply with a request of the park owner for the resident's forwarding address and must comply with the request immediately, or, if the address is not then known, as soon as practicable after it becomes known. Maximum penalty: $20 000. Expiation fee: $750. Division 10—Abandoned property 90—Abandoned property This Division applies to property (abandoned property) that is left on a site by the resident after termination of the residential park agreement. 91—Offence to deal with abandoned property in unauthorised way A park owner must not deal with abandoned property otherwise than in accordance with this Division. Maximum penalty: $10 000. 92—Action to deal with abandoned property other than personal documents (1) This section applies to abandoned property other than personal documents. (2) The park owner may, at any time after recovering possession of the site, remove from the site and destroy or dispose of abandoned property consisting of perishable foodstuffs. (3) The following provisions of this section apply subject to section 94 if the abandoned property consists of or includes a dwelling installed or located on the site under a residential park site agreement or an item of property of a value or kind prescribed by regulation. (4) The park owner may, at any time after recovering possession of the site, remove from the site and destroy or dispose of abandoned property, other than perishable foodstuffs, if the value of the property is less than a fair estimate of the cost of removal, storage and sale of the property. (5) If there is any abandoned property (other than personal documents) on the site that may not be dealt with under subsection (2) or (4) (valuable abandoned property), the park owner must— (a) as soon as practicable— (i) give notice, in the form approved by the Commissioner, to the resident if the park owner has a forwarding address for the resident; (ii) if the park owner does not have a forwarding address for the resident—publish notice, in the form approved by the Commissioner, in a newspaper circulating generally throughout the State; (iii) if a person other than the resident has, to the knowledge of the park owner, an interest in the property and the person's name and address are known to, or reasonably ascertainable by, the park owner—give notice, in the form approved by the Commissioner, to that other person; and (b) take reasonable steps to keep the property safe until at least 28 days after the giving of such notice. (6) A person who is entitled to possession of valuable abandoned property may reclaim the property by paying to the park owner the reasonable costs incurred by the park owner in dealing with the property in accordance with this Division and any other reasonable costs incurred by the park owner as a result of the property being left on the site. (7) If valuable abandoned property is not reclaimed within 28 days after the giving of notice under subsection (5), the park owner must, as soon as practicable after the end of that period, have the property sold by public auction. (8) The park owner may use reasonable force to gain entry to the property or remove or deal with it as reasonably necessary for the park owner's use of the site or the sale of the property. (9) On the sale of the property by public auction, the park owner— (a) may retain out of the proceeds of sale— (i) the reasonable costs incurred by the park owner in dealing with the property in accordance with this Division and any other reasonable costs incurred by the park owner as a result of the property being left on the site; and (ii) any amounts owed to the park owner under the residential park agreement; and (b) must pay the balance (if any) to the owner of the property, or if the identity and address of the owner are not known to, or reasonably ascertainable by, the park owner, to the Commissioner for the credit of the Fund. (10) If property is sold by public auction under this section, the purchaser acquires a good title to the property which defeats— (a) the resident's interest in the property; and (b) the interest of any other person unless the purchaser has actual notice of the interest before purchasing the property. (11) If a dispute arises between a park owner and resident about the exercise of powers conferred by this section, the Tribunal may, on application by either party to the dispute, make orders resolving the matters in dispute. 93—Action to deal with abandoned personal documents (1) This section applies to abandoned property consisting of personal documents. (2) This section applies subject to section 94 if the abandoned property also includes a dwelling installed or located on the site under a residential park site agreement or an item of property of a value or kind prescribed by regulation. (3) The park owner must— (a) as soon as practicable, give notice, in the form approved by the Commissioner, to the resident if the park owner has a forwarding address for the resident; and (b) take reasonable steps to keep the documents safe for at least 28 days. (4) If the personal documents are not reclaimed by the resident within 28 days, the park owner may destroy or dispose of the documents. (5) Subsection (4) applies subject to any Act relating to the preservation of records. 94—Action to deal with abandoned dwellings or prescribed items (1) This section applies if there is abandoned property consisting of or including a dwelling installed or located on the site under a residential park site agreement or an item of property of a value or kind prescribed by regulation. (2) The park owner may not take any action to deal with the property unless the Tribunal has made an order for possession of the site. (3) The park owner must take reasonable steps to keep the property safe on the site pending the determination of proceedings before the Tribunal for an order for possession of the site. (4) If the Tribunal has made an order for possession of the site, the provisions of sections 92 and 93 apply in relation to the abandoned property, but in the application of section 92 to the dwelling or item of property of a value or kind prescribed by regulation, the reference in that section to 28 days is to be read as a reference to 60 days.