Roach v The Entrance Group Pty Ltd

[2025] NSWCATCD 44

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Roach v The Entrance Group Pty Ltd [2025] NSWCATCD 44

Hearing dates:

15 May 2025

Date of orders:

11 June 2025

Decision date:

11 June 2025

Jurisdiction:

Consumer and Commercial Division

Before:

J-A M Searson, General Member

Decision:

(1) The respondents are to reduce the applicant’s site fees by 50% from 1 February 2025 until such time as all repairs are completed in a proper and workmanlike manner.

(2) The respondents are to carry out the following repairs on or before 1 August 2025 in a proper and workmanlike manner:

(i) Remove rubbish and provide bins.

(ii) Remove any dirty needles on site.

(iii) Investigate and repair electricity system to stop frequent power outages across the whole community.

(iv) Repair drainage, plumbing issues and prevent constant ground flooding.

(v) Repair hot water service to showers on the community shower blocks.

(vi) Investigate and repair poor water pressure.

(vii) Install lock on the main door to the front block of shower facilities.

(viii) Repair / replace security light at the back amenities block so that it is in a working condition.

(ix) Repair back amenities block locks (both male and female) do that they are in a working condition.

(x) Investigate and repair sewerage seeping issue on the grass in the common area paddock.

(xi) Repair all toilets so that they do not constantly block up.

(xii) Repair plumbing so that men’s back toilet area has water going into the basin.

(xiii) Replace men’s urinal at the back shower block and repair hole in the wall.

(xiv) Ensure that disabled toilets are not locked and available for use.

(xv) Mow lawns on a regular basis to avoid long grass.

(3) The respondents are not to interfere with the applicant’s reasonable peace, comfort and privacy.

(4) The respondents are to provide reasonable access and reasonably secure facilities for the applicant to receive their mail immediately.

(5) The Tribunal declares pursuant to section 121(b) of the Residential (Land Lease) Communities Act 2013 that the notice of termination given on or about 22 October 2024 was not given in accordance with part 11 of the Residential (Land Lease) Communities Act 2013 and has no effect.

(6) The Tribunal declares pursuant to section 123(4) of the Residential (Land Lease) Communities Act 2013 that vacant possession is not required in order to undertake the works required by the Central Coast Council.

(7) The Tribunal declares pursuant to section 9 of the Residential (Land Lease) Communities Act 2013 that the agreement between the parties is one which is a site agreement under the provisions of the Residential (Land Lease) Communities Act 2013.

(8) Pursuant to section 26 of the Residential (Land Lease) Communities Act 2013 the operator is to prepare and enter into a written site agreement in the standard form commencing from when the applicant commenced occupation of the site.

Catchwords:

RESIDENTIAL (LAND LEASE) COMMUNITIES

Legislation Cited:

Holiday Parks (Long –Term Casual Occupation) Act 2002

Residential (Land Lease) Communities Act 2013

Residential Parks Act 1998

Cases Cited:

None cited

Texts Cited:

None cited

Category:

Principal judgment

Parties:

David Roach (Applicant)

The Entrance Group Pty Ltd (First Respondent)

Uphold Woo Pty Ltd (Second Respondent)

Representation:

Central Coast Tenants Advice and Advocacy Service (Applicant)

Ms Mai (First and Second Respondents)

File Number(s):

2024/00477641

Publication restriction:

Nil

REASONS FOR DECISION

APPLICATION

1. The applicant in this matter (“Home Owner” “resident”) is seeking orders under the Residential (Land Lease) Communities Act 2013 (“the Act”, “RLLC Act”) as follows:

1. Section 37(2) - An order that the operator carry out repairs and pay compensation due to failure to carry out work.

2. Section 38(2) - An order that the operator does not interfere with the resident’s peace, comfort and privacy.

3. Section 47(3) – An order that secure mail facilities be provided for residents.

4. Section 64(1) - An order that the site fees payable be reduced due to withdrawal or reduction in community amenities or facilities.

5. Section 121 - An order that the termination notice is not valid and does not comply with section 118.

6. Section 123(4) – An order that vacant possession is not necessary for repairs to be carried out by the operator.

7. S 157(1)(e) – An order for compensation for the operator breaches as per the orders above.

8. Section 157(j) – An order that NCAT refer the matter to the Commissioner of Fair Trading for the prosecution of the operator breaches.

9. Section 9 - An order declaring that :

1. A specified place is a community to which this Act or a specified provision of this Act or the regulations applies or.

2. A specified agreement is a site agreement to this Act or a specified provision of this Act or regulations applies.

10. Section 26(4) – An order that the operator to prepare and enter into:-

1. a written site agreement in the relevant standard form, if prescribed, or.

2. A written site agreement that includes or contains only, terms specified or of a kind specified by the Tribunal, if there is no relevant prescribed standard form, and.

1. May, by the same order specify a commencement date for the agreement that occurred before the order was made.

2. The orders sought by the applicant were opposed by the respondent(s).

background

3. The applicant entered into occupation of a site at a Tourist Park at The Entrance NSW 2261 (“the site”) on or about late 2021.

4. He has an oral agreement with the respondent in relation to the occupation of the site.

5. The applicant pays to the respondent $480 per fortnight in site fees.

6. The applicant has permanently resided at the site from the day of taking possession of the site in 2021.

7. He has notified the respondent on a number of occasions of repairs and maintenance issues. He has done so by ringing the office and attending the office. He says that there was no electricity for around 36 hours in Mid December 2024 and again in August 2024.

8. On or about 22 October 2024 the applicant was made aware of a notice of termination dated 22 October 2024 left under his annex.

9. On or about 22 November 2024 the Central Coast Tenants Advice and Advocacy Service wrote to the respondent(s) notifying of outstanding repairs.

10. The applicant filed this application before the Tribunal on 23 December 2024.

EVIDENCE

11. The applicant filed documentary evidence in support of his claim. These documents were entered into evidence and marked as ”exhibit 1”. In addition Mr Roach and his partner Jodie Adams gave affirmed evidence in support of his claim.

12. The respondent sought to rely on a bundle of documents which were produced at the hearing despite there having been multiple opportunities to provide these documents prior to the hearing, including an extension of time.

13. There was no cogent reason as to why these documents had not been provided to the Tribunal or the other party prior to the hearing as required by the previous orders of the Tribunal made on 3 February 2025 and 14 March 2025.

14. Accordingly, the Tribunal considers that it would be prejudicial to the applicant for the respondent to rely on these documents at the hearing and therefore does not admit these documents into evidence. Additionally, the respondent has not complied with two sets of orders made by the Tribunal Orders for no apparent reason.

15. Ms Mai gave some affirmed oral evidence with the assistance of a Mandrin interpreter.

16. The parties were given the opportunity to cross examine each other.

17. The Tribunal heard the evidence and reserved it’s decision.

18. The Tribunal has read and considered all of the documentary and oral evidence of the parties.

JURISDICTION   

19. To determine whether the Tribunal has jurisdiction to hear and determine this matter it must first examine the terms of the Holiday Parks (Long –Term Casual Occupation) Act 2002 (“HPA”), and in particular, whether the agreement between the parties is an agreement to which the HPA applies. Implicit in this determination is a consideration of the terms of s 5 of the HPA.

20. Section 5 of the HPA states:

“5 Act applies to long-term casual occupants

(1)  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.

(2)  This Act applies whether the relevant occupation agreement was entered into before or after the commencement of this section, unless a particular provision provides otherwise.

(3)  Subject to sections 14 and 16, if this Act applies to an occupation agreement, it so applies despite the terms of any such occupation agreement or any other contract, agreement or arrangement, whether made before or after the commencement of this section.”

21. The applicant submitted that the HPA does not apply to the agreement between the parties for the following reasons:   

1. The applicant has no principal place of residence other than at the site. The applicant has resided continuously at the site since 2021. Further, the applicant receives rent assistance from Centrelink which is paid where the resident is in permanent accommodation.

2. The respondent has at no point during the occupation by the applicant sought to enforce a 180 day per annum stay.

3. The applicant did not agree when entering his agreement for the agreement to be on a casual basis. The conduct of the parties also evidences that the applicant’s occupation of the site has always been on a continuous and permanent basis.

22. Therefore, based on an examination of the requirements of s 5 of the HPA and the agreement between the parties the Tribunal is not satisfied that this agreement is one to which the HPA applies.

23. It appears that the applicant has entered into a verbal site agreement with the respondent(s) under the provisions of the RLLC.

24. Section 6 of the RLLC Act says that it applies to all current site agreements whether entered into before or after the commencement of that act (unless a provision of the RLLC Act provides otherwise). Further, section 6(1) and (2) state that the RLLC Act applies to all site agreements regardless of any terms, agreements or arrangement otherwise.

25. An operator is obliged to ensure that the site agreement is in writing in compliance with section 26 of the RLLC Act. However, a site agreement is not void or unenforceable because of any non-compliance by virtue of section 34 of the RLLC Act.

26. The application in this matter was filed in the Tribunal on 23 December 2024 seeking orders under the sections of the RLLC Act set out above. It appears that the application has been filed within the time required by Schedule 3 of the Residential (Land Lease) Communities Regulation 2015 (“RLLC Regs”) being the period during which the site agreement is in force.

27. The Tribunal is therefore satisfied that it has jurisdiction to hear and determine this matter.

the law

28. The relevant sections of the RLLC Act applicable in this matter are set out below.

29. Section 9 of the RLLC Act says:

9   Declaration by Tribunal

The Tribunal may, on application by any person, make an order declaring that—

(a)  a specified place is or is not a community to which this Act or a specified provision of this Act or the regulations applies, or

(b)  a specified agreement is or is not a site agreement to which this Act or a specified provision of this Act or the regulations applies, or

(c)  a specified contract, agreement or arrangement of a kind referred to in section 7 was or was not made in good faith.

30. Section 26(4) states:

(4)  The Tribunal—

(a)  may, on application by a home owner who was not given a written site agreement at the time occupation of the residential site commenced, order the operator to prepare and enter into—

(i)  a written site agreement in the relevant standard form, if prescribed, or

(ii)  a written site agreement that includes, or contains only, terms specified or of a kind specified by the Tribunal, if there is no relevant prescribed standard form, and

(b)  may, by the same order, specify a commencement date for the agreement that occurred before the order was made.

31. Section 37 of the RLLC Act provides, relevantly:

37 Operator’s responsibilities

(1) The operator of a community has the following responsibilities—

…

(2)  With regard to the operator’s obligation to maintain the community’s common areas (in subsection (1)(c))—

(a)  any necessary work must be carried out as soon as is reasonably practicable and in a way that minimises disruption to residents, and

(b)  the work is to be carried out at an appropriate standard having regard to the age and prospective life of the community and to the level of fees and charges payable by residents, and

(c)  if there is a failure to carry out the work at all or to an appropriate standard, the Tribunal may, on application by a home owner, make any of the following orders in respect of the failure—

(i)  an order requiring work of a specified kind to be carried out,

(ii)  an order that the operator pay compensation to the home owner and any other home owners,

(iii)  any ancillary order that the Tribunal, in the circumstances, thinks appropriate.

32. Section 38 says:

38 Right to quiet enjoyment

(1)  The operator of a community must not unreasonably restrict or interfere with, or permit any unreasonable restriction or interference with, a home owner’s privacy, peace and quiet, or proper use and enjoyment of the residential site and the community’s common areas.

Maximum penalty—10 penalty units.

(2)  The Tribunal may, on application by a home owner, make an order resolving a dispute concerning an operator’s compliance with this section.

33. Section 47 says:

47   Mail facilities

(1)  The operator of a community must establish and maintain at the community reasonably accessible and reasonably secure mail facilities for the home owners.

(2)  The operator of a community must not access or interfere with individual mail facilities provided to a home owner in the community, except with the prior consent of the home owner.

Maximum penalty—10 penalty units.

(3)  The Tribunal may, on application by a home owner, make an order resolving a dispute concerning an operator’s compliance with this section.

34. Section 64 is in the following terms:

64   Power of Tribunal to reduce site fees

(1)  The Tribunal may, on application by the home owner under a site agreement, make an order that the site fees payable under the agreement be reduced by an amount the Tribunal considers appropriate if it is satisfied—

(a)  the amenity or standard of the community’s common areas has decreased substantially since the agreement was entered into, or

(b)  a communal facility or service provided at the community when the agreement was entered into has been withdrawn or substantially reduced, or

(c)  a communal facility or service as follows has not been provided at the community—

(i)  a communal facility or service described in advertising, done by or for the operator, of which the home owner was aware before the site agreement was entered into,

(ii)  a communal facility or service described in a document made available to the home owner by the operator before the site agreement was entered into.

(2)  The Tribunal may consider any of the following documents for the purposes of subsection (1)—

(a)  the site agreement,

(b)  a disclosure statement or other document containing information about the community and provided to the home owner by the operator,

(c)  any relevant advertising made available to the home owner by the operator before the site agreement was entered into,

(d)  any other document that the Tribunal considers is relevant.

35. Section 121 states:

121   Disputes about termination notices

The Tribunal may, on application by a party to a site agreement, make any of the following orders—

(a)  an order resolving a dispute about a termination notice,

(b)  an order declaring that a termination notice was or was not given in accordance with this Part,

(c)  any ancillary order that the Tribunal, in the circumstances, thinks appropriate.

36. Section 123 says:

123   Termination by operator for repairs and upgrading

(1)  The operator of a community may give a termination notice on the ground that the operator requires vacant possession of the residential site in order to comply with an obligation imposed by or under an Act to carry out works (including works in the nature of repairs or upgrading) within the residential site or the community.

(2)  The termination notice must be accompanied by a copy of any order or notice imposing the obligation.

(3)  The termination notice must not specify a date for vacating the residential site that is earlier than 90 days after the day on which the notice is given.

(4)  The Tribunal may, on application by the home owner, make an order settling any dispute as to whether vacant possession is necessary in order to comply with the obligation.

(5)  The termination notice is of no effect if the notice does not comply with this section or if the Tribunal determines that vacant possession is not necessary in order to comply with the obligation.

37. Section 157 states relevantly:

157   Orders that may be made by Tribunal

(1)  The Tribunal may, on application by a party to a dispute or other matter before the Tribunal, or in any proceedings under this Act, make one or more of the following orders—

………..

(e)  an order for the payment of compensation,

………..

(j)  an order for anything else necessary or desirable to resolve a dispute.

consideration

38. Each of the orders as sought in the application will be discussed separately below.

Section 37(2) - An order that the operator carry out repairs and pay compensation due to failure to carry out work

39. The applicant has previously verbally notified the park operator of outstanding repairs. Further, on the 27th of November 2024, the Central Coast Tenants Advice and Advocacy Service, on behalf of the applicant, sent a letter to the respondent listing the outstanding repairs.

40. The outstanding repairs include:

• Excessive rubbish (Insufficient bins)

• Dirty needles on site.

• Electricity supplied by the operator with frequent power outages across the whole community.

• Drainage, plumbing issues and constant ground flooding.

• No hot water in any of the showers on the community shower blocks.

• Water pressure in all showers very low.

• No lock on the main door to the front block of shower facilities.

• The security light at the back amenities block does not work.

• Back amenities block locks (both male and female) are loose and anyone can enter.

• Sewerage seeps up out of the ground onto the grass in the common area paddock.

• All toilets constantly block up

• Men’s back toilet area has no water going into the basin

• Men’s urinal at the back shower block is missing and there is a hole in the wall where it is meant to be.

• Disabled toilets are locked and not available for use.

• The lawns are regularly unmown.

41. Additionally, there is no security in the park, boundary fences do not exist and there is no afterhours security on site with nothing to stop people walking through the park and causing damage. The applicant says that he frequently has had items stolen from his site including tools, his toolbox, mower and whipper snipper.

42. These repairs are in addition to the works order issued by the Central Coast council to the park operator on or about 4 October 2024.

43. The park operator to date has not complied with all of the council work orders.

41. The Tribunal considers that a site fee reduction in the amount of 50% is appropriate given that the respondent has not remedied the numerous repair breaches and security issues in the park. This site fee reduction should apply from 1 February 2025 until such time as the repairs are completed in full.

42. Further, the Tribunal considers it appropriate to make orders for the respondents to carry out the following repairs on or before 1 August 2025 in a proper and workmanlike manner:

1. Remove rubbish and provide bins

2. Remove any dirty needles on site.

3. Investigate and repair electricity system to stop frequent power outages across the whole community.

4. Repair drainage, plumbing issues and prevent constant ground flooding.

5. Repair hot water service to showers on the community shower blocks.

6. Investigate and repair poor water pressure.

7. Install lock on the main door to the front block of shower facilities.

8. Repair / replace security light at the back amenities block so that it is in a working condition.

9. Repair back amenities block locks (both male and female) do that they are in a working condition.

10. Investigate and repair sewerage seeping issue on the grass in the common area paddock.

11. Repair all toilets so that they do not constantly block up

12. Repair plumbing so that men’s back toilet area has water going into the basin

13. Replace men’s urinal at the back shower block and repair hole in the wall.

14. Ensure that disabled toilets are not locked and available for use.

15. Mow lawns on a regular basis to avoid long grass.

Section 38(2) - An order that the operator does not interfere with the resident’s peace, comfort and privacy.

46. The parties in this matter were previously able to agree by way of orders made by consent on 3 February 2025 that the park operator would stop breaching the applicant’s peace, comfort and privacy.

47. Since that time, the applicant has asked the respondent on many occasions to complete repairs and notified it of concerns that squatters have taken over the park and are making it unsafe particularly at night.

48. The first respondent is yet to confirm the new managing agreement for the tourist park as and from 31 January 2025.

49. As a result, the Tribunal considers that it is appropriate to make a further order in the terms that the parties previously agreed to by way of consent namely, that the park operator is to ensure that it does not breach the applicant’s peace comfort and privacy moving forward.

Section 47(3) – An order that secure mail facilities be provided for residents.

50. It was the applicants unchallenged evidence that there are no individual mail facilities for homeowners located in the park. Currently the mail goes into a box where anyone is able to access it. It is not secure and there is one single container where mail is kept. The applicant’s mail regularly goes missing as a result. Homeowners cannot have mail directed to them at their sites. Therefore, the applicant uses an alternative address to receive his mail.

51. Therefore, the Tribunal considers it appropriate to make an order under section 47(3) that the respondent is to provide reasonable access and reasonably secure facilities for the applicant to receive their mail immediately.

Section 64(1) - An order that the site fees payable be reduced due to withdrawal or reduction in community amenities or facilities.

52. In order to determine whether the applicant is entitled to a reduction in their site fees the Tribunal must first determine whether in fact the respondents had withdrawn or reduced a service as is set out in s 64(1)(b) of the RLLC Act

53. Unfortunately, the applicant did not set out exactly which services they say had been withdrawn or reduced by the respondent as set out in s 64(1). The applicant seemed to be reliant upon the provisions of s 64(1)(a) namely “the amenity or standard of the community’s common areas has decreased substantially since the agreement was entered into”.

54. There was no evidence before the Tribunal as is required by s 64(2) such as:

(a)  the site agreement,

(b)  a disclosure statement or other document containing information about the community and provided to the home owner by the operator,

(c)  any relevant advertising made available to the home owner by the operator before the site agreement was entered into,

(d)  any other document that the Tribunal considers is relevant.

55. There was no evidence of the state of the park when the applicant had initially entered into the site agreement with the respondent for the Tribunal to make a comparison. Nor what facilities existed at the time that the site agreement was entered into, and information about which facilities have subsequently been reduced or withdrawn.

56. In those circumstances the Tribunal is not satisfied that it is able to make a finding that the operator has in fact reduced or withdrawn facilities due to the paucity of the applicant’s evidence.

57. Accordingly, this portion of the claim is dismissed.

Section 121 - An order that the termination notice is not valid and does not comply with section 118.

58. Section 118 of the RLLC act says:

118   Termination by operator

(1)  The operator of a community under a site agreement may give the home owner a termination notice for the termination of the agreement, but only in accordance with this Part.

(2)  A termination notice must be in the approved form, be signed by the operator or a person acting on behalf of the operator, and set out the following matters—

(a)  the residential site concerned,

(b)  the day on which vacant possession of the residential site is to be given,

(c)  the ground for the notice.

(3)  A termination notice that does not comply with this section is of no effect.

59. The applicant alleges that the termination notice given by the respondent on or about 22 October 2024 does not comply with the provisions of section 118 of the RRLC for a number of reasons, namely:

1. It is not in the approved form

2. It is not signed by the operator or someone acting on behalf of the operator.

3. Neither the site number nor the name of the home owner is stated on the notice.

4. It does not specify the date, rather it is “by 23 January 2025”.

5. The ground for the notice is stated to “allow the construction teams to carry out the required work”. This contradicts the Council Orders which did not require the evictions of persons on site.

60. Further the applicant says that the termination notice dated 22 October 2024 was incorrectly served as it did not comply with the requirements of section 184 of the RLLC Act which states:

184   Service of notices and documents

(1)  A notice or document required or authorised to be given to a person under this Act may be—

(a)  sent by post addressed to the person, or an agent of the person, at the last known address of the person or agent, or

(b)  given personally—

(i)  to the person, or

(ii)  to an agent of the person, or

(c)  if the person is a resident—given by delivering it to the residential site and leaving it there with a person apparently of or above the age of 16 years, or

(d)  if the person is an operator—given personally to an employee of the person, or

(e)  if the person has agreed to notices or documents being given by email—sent to an email address provided by the person, or

(e1)  if the person has agreed to notices or documents being given by other electronic means—sent to an electronic address or location provided by the person, or

(f)  left in a mailbox at the last known address of the person, or

(g)  given in such other manner as may be prescribed by the regulations for the purposes of this section or approved by the Tribunal.

61. The applicant says that the service of the notice did not comply with s 184 because it was placed under his annex.

62. The Tribunal has the power under section 120 to cure any defect in a notice of termination. It says;

120   Defects in termination notices

The Tribunal may make a termination order for a site agreement even if there is a defect in the notice or the manner of service of the notice if—

(a)  it thinks it appropriate to do so in the circumstances of the case, and

(b)  it is satisfied that the person to whom the notice was given has not suffered any disadvantage because of the defect in the notice or service or that any disadvantage has been overcome by the order and any associated order.

63. In the present matter however, the applicant is seeking an order under s 121 that the notice of termination does not comply with the provisions of the RLLC. It is clear that the notice of termination given on or about 22 October 2024 does not comply with the provisions of section 118. This is because it was not in the approved form, it was not signed by the respondent or anyone on behalf of the respondent, it does not specify the name of the applicant nor any site number and purports to rely upon a ground that does not actually exist.

64. Further, the notice was not served in accordance with the provisions of section 184 of the RLLC in that it was left under the applicant’s annex.

65. Accordingly, the Tribunal finds that it is appropriate to make an order pursuant to section121(b) that the notice of termination given on or about 22 October 2024 was not given in accordance with part 11 of the RLLC Act.

Section 123(4) – An order that vacant possession is not necessary for repairs to be carried out by the operator.

66. The applicant is seeking an order that vacant possession is not necessary for repairs to be carried out by the operator. This is on the basis of correspondence from the Central Coast Council to Mr David Mehan MP dated 28 October 2024. That correspondence states:

Owners have been cooperative in working towards compliance and council was unaware of the notice of eviction to the occupants until recently. Council staff has since contacted the property owner to negotiate options for a staged approach to the works needed to bring the property into compliance with the regulation. The intention of a staged approach is to ensure residents are not rendered homeless.

Given our orders did not require the evictions of person on site, council staff had not been in contact with homes NSW or the NSW rental commissioner.

67. It is clear from this correspondence that vacant possession of the site is not required for the works to be undertaken and therefore the Tribunal makes an order pursuant to section 123(4) that vacant possession is not required in order to undertake the works required by the Central Coast Council.

68. Pursuant to section 123(5) this further invalidates the notice of termination given on 22 October 2024. This means that this notice is of no effect. Section 123(5) says:

(5)  The termination notice is of no effect if the notice does not comply with this section or if the Tribunal determines that vacant possession is not necessary in order to comply with the obligation.

S 157(1)(e) – An order for compensation for the operator breaches as per the orders above.

69. The applicant is seeking $15,000 due to the serious and ongoing breaches including failure to make repairs or provide mail facilities and $15,000 for failure to ensure the park is secure.

70. Further, the applicant sought compensation on the basis that they had resided in the park since 2021 and had regularly been without power, hot water, secure facilities and currently lives with no security to the boundaries of the park and feels unsafe due to squatters. Further he says that there is effluent coming with through the drains and that the urinal in the men’s toilet has been smashed off the wall for more than 2 years.

71. The applicant did not set out how they had arrived at the figure of $15,000. The applicant is responsible for proving both the liability and the quantum (or amount) of their claim.

72. The Tribunal has dealt with the issue of compensation above in reducing the site fees by 50% for the period from 1 February 2025 until all of the works are completed and therefore does not make an award of a further amount of compensation.

Section 157(j) – An order that NCAT refer the matter to the Commissioner of Fair Trading for the prosecution of the operator breaches.

73. This order was sought as the applicant is fearful that the park operator will remove them without following due process, through the disconnection of utilities, that the park operator will continue to allow the park to deteriorate with no hot water or electricity or security.

74. It appears that the applicant is seeking referral from the Tribunal to have the respondent investigated should the respondent attempt to remove the applicant or attempt to disconnect utilities within the park without following due process.

75. It appears that this order is pre-emptive in nature, in that the applicant is seeking the order in the event that the respondent does not follow the processes and procedures as set out in the RLLC Act. The Tribunal is unable to make a pre-emptive order ‘just in case’ the respondent does not follow it’s requirements. Therefore, this portion of the claim is dismissed.

Section 9 - An order declaring that :

A specified place is a community to which this Act or a specified provision of this Act or the regulations applies or.

A specified agreement is a site agreement to this Act or a specified provision of this Act or regulations applies.

76. This issue has been addressed by the Tribunal under the heading entitled “Jurisdiction” above. The agreement between the parties is one which can be considered to be a site agreement as per the provisions of the RLLC Act.

Section 26(4) – An order that the operator to prepare and enter into:-

a written site agreement in the relevant standard form, if prescribed, or.

A written site agreement that includes or contains only, terms specified or of a kind specified by the Tribunal, if there is no relevant prescribed standard form, and

May, by the same order specify a commencement date for the agreement that occurred before the order was made.

77. The Tribunal considers that it is appropriate to make an order under section 26(4) of the RLLC that the operator prepare and enter into a written site agreement in the standard form commencing from when the applicant commenced occupation of the site. This is so as to protect the interests of both parties and clearly set out their obligations to each other.

conclusion

78. For the reasons as set out above the Tribunal makes the following orders:

1. The respondents are to reduce the applicant’s site fees by 50% from 1 February 2025 until such time as all repairs are completed in a proper and workmanlike manner.

2. The respondents are to carry out the following repairs on or before 1 August 2025 in a proper and workmanlike manner:

1. Remove rubbish and provide bins.

2. Remove any dirty needles on site.

3. Investigate and repair electricity system to stop frequent power outages across the whole community.

4. Repair drainage, plumbing issues and prevent constant ground flooding.

5. Repair hot water service to showers on the community shower blocks.

6. Investigate and repair poor water pressure.

7. Install lock on the main door to the front block of shower facilities.

8. Repair / replace security light at the back amenities block so that it is in a working condition.

9. Repair back amenities block locks (both male and female) do that they are in a working condition.

10. Investigate and repair sewerage seeping issue on the grass in the common area paddock.

11. Repair all toilets so that they do not constantly block up

12. Repair plumbing so that men’s back toilet area has water going into the basin

13. Replace men’s urinal at the back shower block and repair hole in the wall.

14. Ensure that disabled toilets are not locked and available for use.

15. Mow lawns on a regular basis to avoid long grass.

3. The respondents are not to interfere with the applicant’s reasonable peace, comfort and privacy.

4. The respondents are to provide reasonable access and reasonably secure facilities for the applicant to receive their mail immediately.

5. The Tribunal declares pursuant to section 121(b) of the Residential (Land Lease) Communities Act 2013 that the notice of termination given on or about 22 October 2024 was not given in accordance with part 11 of the Residential (Land Lease) Communities Act 2013 and has no effect.

6. The Tribunal declares pursuant to section 123(4) of the Residential (Land Lease) Communities Act 2013 that vacant possession is not required in order to undertake the works required by the Central Coast Council.

7. The Tribunal declares pursuant to section 9 of the Residential (Land Lease) Communities Act 2013 that the agreement between the parties is one which is a site agreement under the provisions of the Residential (Land Lease) Communities Act 2013.

8. Pursuant to section 26 of the Residential (Land Lease) Communities Act 2013 the operator is to prepare and enter into a written site agreement in the standard form commencing from when the applicant commenced occupation of the site.

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I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales.

Registrar

Decision last updated: 12 August 2025