Orders
Residential parks division
In residential parks matters, the CTTT can make the following orders under the Residential Parks Act 1998. The section of the Act, who can apply for the order, and time limits are specified in each case.
An application to the CTTT should request at least one of the orders below. This is a guide only and you should refer to the whole of the legislation when making your application.
Termination
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 99(4) | Rescinding the notice of termination on grounds that the dwelling is dilapidated or postponing the vacating date given in the notice | Resident | Within 60 days of receiving the notice |
| 102(3) | Postponing the date for vacating the residential site given in a notice of termination on grounds that the site is to be used for another purpose | Resident | Within 60 days of receiving the notice |
| 102AA | To issue a notice of termination on the ground of a change of use of the land where the residential park is situated where development consent is not required | Park owner | |
| 113(1) | Terminating the tenancy and an order for possession of the premises where the resident has not complied with a notice of termination given by the park owner to the resident | Park owner | Not later than 30 days after the day specified for vacant possession in the notice |
| 117 | Terminating the tenancy and an order for possession of the premises where the resident causes, may cause or permit serious damage or injury whether or not notice of termination has been given | Park owner | |
| 118 | Terminating the tenancy and an order for possession of the premises where the park owner would otherwise suffer undue hardship in the special circumstances of the case | Park owner | |
| 119 | Terminating the tenancy and an order for possession of the premises where the resident would otherwise suffer undue hardship in the special circumstances of the case | Resident | |
| 120 | Terminating the tenancy and an order for possession of the premises because the park owner has breached the agreement and in the special circusmtances termination is justified | Resident |
Top of pageResidential tenancy agreement
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 16(1) | An order in respect of a breach of the agreement | Resident/park owner | |
| 16(5) | Commencing a dispute about payment of a reservation fee | Resident/park owner | |
| 16(6) | To stop breaking the agreement | Resident/park owner | Not later than 30 days after becoming aware of the breach |
| 16(6) | To carry out a term of the agreement | Resident/park owner | Not later than 30 days after becoming aware of the breach |
| 16(6) | To do work or take steps to make good any broken terms of the tenancy agreement. | Resident/park owner | Not later than 30 days after becoming aware of the breach |
| 10(2) | That an additional term in an agreement is not legally binding | Resident/park owner | |
| 14(3) | To modify terms of a fixed term agreement | Resident/park owner | |
| 22(4) | Authorising the park owner or any other person to enter the premises that consists of a moveable dwelling installed on a residential site. | Park owner | |
| 23(4) | Authorising the park owner or any other person to enter the premises that consists of a residential site only | Park owner | |
| 27(3) | Requiring the park owner to give consent to an alteration or addition to a moveable dwelling which belongs to the resident | Resident | |
| 29(5) | Authorising a lock or security device to be altered, removed or added; or Authorising the park owner or the resident to refuse to give the other party a copy of a key or other opening device or information; or Requiring that a copy of the key or any other opening device or information be given to the other party (Does not apply to premises which are a site only) |
Resident/park owner |
Community aspects
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 71(3) | Resolving a dispute concerning a park owner's compliance with responsibility for the maintenance of trees | Resident | |
| 79 | Relating to individual mail facilities provided or the reasonableness of the charges imposed for the provision of mail facilities | Resident/park owner | |
| 88(1) | Relating to a dispute about new or amended park rules | Resident | |
| 90(1) | Relating to the legal validity of a park rule that is in force in the park | Resident/park owner/park manager | |
| 85(1)(c) | For the resolution of any dispute concerning the sale of the moveable dwelling whilst it is installed in the park | Resident/park owner | |
| 130A | To assist the park owner and a resident to come to an agreement as to the value of the dwelling where there is a proposed sale by the resident to the park owner | Resident/park owner/both |
Abandoned premises and goods
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 132(1) | That premises have been abandoned | Park owner | |
| 133(3) | For compensation for loss caused by abandonment | Park owner | |
| 134(2) | For disposal of abandoned goods | Park owner | Not more than 28 days after the park owner gains possesson of the premises |
| 135(2) | For retrieval of uncollected goods | Resident/park owner/person having interest in the goods | Not more than 28 days after the park owner gains possesson of the premises |
Rent
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 16(6) | To pay rent into the trust account of the Tribunal | Resident/park owner | Not later than 30 days after becoming aware of the breach |
| 16(6) | To pay trust money from the Tribunal trust account | Resident/park owner | |
| 54(1) | For a refund of overpaid rent on the ground that the rent increase was not properly notified | Resident | Not later than 12 months after the relevant notice was given to the resident |
| 55(1) | Declaration that a rent increase is excessive | Resident | Not later than 30 days after being given notice of the rent increase |
| 56(1) | That rent is excessive because the park owner has withdrawn goods, services or facilities | Resident | At any time while still a resident |
Learn more about Excessive rent increase orders under the Residential Parks Act 1998.
Rental bond
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 83(3) RT Act 1987 |
To pay the rental bond (or part of it) to the resident/park owner |
Resident/park owner |
Other orders
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 43 | For recognition as a resident | Occupant | |
| 126(2) | For vesting tenancy in resident against a person with superior title (eg. mortgagee in possession) | Resident | Within a reasonable time |
| 154 | For Tribunal to exercise its discretion to extend time for doing anything under the Act or the Regulations | Any person | |
| 68 (CTTT Act 2001) |
Rehearing - use separate rehearing form |
Any party to an application | Within 14 days of receipt of written notice of decision |