Holiday Park owners and people who occupy long term casual van sites are both protected under the Holiday Parks Act. RMB Lawyers Local Government Law Division explains:
A number of our local government clients operate holiday parks with long term casual van-sites governed by the Holiday Parks (Long-term Casual Occupation) Act 2002 (“Holiday Parks Act”).
These holiday parks are often undergoing redevelopment and revitalisation so it is important for park owners to know how they can terminate occupation agreements, should they need to.
Section 5 of the Holiday Parks Act sets out the circumstances:
- This Act applies to any occupation agreement in relation to a site -
(a) entered into by an occupant who has a principal place of residence somewhere other than the site, and
(b) under which the occupant installs the occupant’s own moveable dwelling on the site and leaves it there all of the time that the occupation agreement continues in force, and
(c) under which the occupant can occupy the site for no more than 180 days in any 12-month period (in a continuous or broken period), and
(d) under which -
(i) the occupant agrees, with the consent of the park owner, to be an occupant on a casual basis for at least 12 months, or
(ii) the occupant has, with the consent of the park owner, been an occupant on a casual basis for at least 12 months.
Section 11 of the Holiday Parks Act prescribes that all written occupation agreements are taken to include the terms set out in Schedule 1 of the Holiday Parks Act.
Clause 36 of Schedule 1 of the Holiday Parks Act sets out the circumstances in which an occupation agreement can be terminated.
Clause 39 of Schedule 1 provides for the termination of an occupation agreement on breach by the occupant, while Clause 40 of Schedule 1 provides for termination where there has been no breach by the occupant, provided that any fixed term has finished.
Clause 40(3) of Schedule 1 prevents a park owner from terminating a fixed term occupation agreement where the fixed term has not expired and there has been no breach by the occupant.
In addition, where a fixed term has expired and an occupation agreement is in holding over, a park owner must give the occupant at least three months’ notice of termination for the occupant to deliver up vacant possession of the site pursuant to clause 40(2) of the Act.
If you have questions about Holiday Park or long term occupants on casual van sites, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.