MHHS · Mobile Home Sites Tenancies Act
1 Interpretation
(a) "common areas" means areas controlled by a landlord and
used for access to a mobile home site or for the service or
enjoyment of a tenant;
RSA 2000
(b) "council" means
(i) the council of a city, town, village, municipal district or
Metis settlement,
(ii) the Minister responsible for the Municipal Government
Act, in the case of an improvement district, or
(iii) the Minister responsible for the Special Areas Act, in the
case of a special area;
(c) "court" means
(i) the Court of Justice, or
(ii) the Court of King's Bench;
(d) "fixed term tenancy" means a tenancy under a tenancy
agreement for a term that ends on a day specified in the
agreement;
(e) "Minister" means the Minister determined under section 16
of the Government Organization Act as the Minister
responsible for this Act;
(f) "mobile home" means a st ructure whether ordinarily
equipped with wheels or not, that
(i) is constructed or manufactured to be moved from one
point to another, and
(ii) is intended to be occupied by one or more persons,
but does not include a holid ay trailer or a recreational
vehicle when the holiday trailer or recreational vehicle is
being used for bona fide recreational purposes;
(g) "mobile home park" means a pa rcel of land that includes not
less than 3 mobile home sites rented or held out for rent;
(h) "mobile home site" means land rented or intended to be
rented as a site for the purpose of being occupied by a
mobile home where
(i) the mobile home is used for residential purposes, and
(ii) the owner of the mobile home is not the same person as
the owner of the site on which the mobile home is to be
located;
RSA 2000
(i) "overholding tenant" means a person who was a tenant of a
mobile home site and who does not vacate the mobile home
site after the tenancy has expired or been terminated;
(j) "periodic tenancy" means
(i) a tenancy under a tenancy agreement that is renewed or
continued without notice, and
(ii) with respect to a fixed term tenancy that contains a
provision allowing for renewal or continuation of the
tenancy without notice, that part of the tenancy that
arises after the end of the fixed term tenancy;
(k) "prescribed" means prescribed by regulation;
(l) "purchase-money security agreement" means an agreement
that provides for a purchase-money security interest;
(m) "purchase-money security interest" means
(i) a security interest taken or reserved by a seller in a
mobile home to secure payment of all or part of its
purchase price, or
(ii) a security interest that is taken by a person who gives
value for the purpose of enabling the debtor to acquire
rights in or to a mobile home, to the extent that the value
is applied to acquire those rights;
(n) "rent" means the consideration to be paid by a tenant to a
landlord under a tenancy agreement but does not include a
security deposit;
(o) "security deposit" means any money, property or right paid
or given by a tenant of a mobile home site to a landlord or to
anyone on the landlord's behalf to be held by or for the
landlord as security for the performance of an obligation or
the payment of a liability by the tenant or to be returned to
the tenant on the happening of a condition;
(p) "substantial breach" means
(i) a breach of a covenant specified in section 25, or
(ii) a series of breaches of a tenancy agreement, the
cumulative effect of which is substantial;
(q) "subtenancy" means a tenancy created by sublease of the
mobile home site;
RSA 2000
(r) "tenancy agreement" mean s a written, oral or implied
agreement to rent a mobile home site and includes a licence
to use a mobile home site;
(s) "tenancy month" means the monthly period on which a
tenancy is based whether or not it is a calendar month, and
unless otherwise specifically agreed on by the landlord and
the tenant, the month is deemed to begin on the day on
which rent is payable;
(t) "tenancy year" means the yearly period on which the
tenancy is based whether or not it is a calendar year and,
unless otherwise specifically agreed on by the landlord and
the tenant, the year is deemed to begin on the day, or the
anniversary of the day, on which the tenant first became
entitled to possession.
(2) For the purposes of this Act, a debtor under a purchase-money
security agreement is deemed to own the mobile home.
(3) A reference to "tenant" in the following provisions includes a
person who was a tenant of a mobile home site, whose tenancy has
expired or been terminated and who has vacated the mobile home
site:
section 1(1)(o);
section 21(2), (3), (4);
section 34;
section 35;
section 39;
section 43;
section 46;
section 51;
section 63(3), (4);
section 66(1)(a), (f).
RSA 2000 cM-20 s1;2007 c11 s2;AR 217/2022;AR 75/2023