Eviction notice targets seriously ill man at Lake Macquarie holiday park

A seriously ill man who paid $40,000 upfront to secure his place in a Lake Macquarie holiday park says he is fighting an eviction notice that gives him until the end of June to pack up and leave without a refund.

The notice was served amid the man's ongoing cancer battle, which has caused the removal of parts of his jaw and most of his top teeth.

Michael Terry, known as Mick, has lived full time at Ingenia Holidays Lake Macquarie since January 2023.

Mr Terry said he poured his savings into the site with the hope of some peace in his life after overcoming some hurdles.

"That was the last of my savings, and all I wanted was some stability," Mr Terry said. "I am trying to rest to help my recovery and it is just impossible with the amount of stress.

"I don't even want to stay here anymore because of the stress but I just need clarity and an understanding of how I can move forward.

"I'm at a loss, I have lost weight, I just need to rest."

On March 2, he received a formal Notice of Termination from park owner Ingenia Communities Group ordering him to vacate his home by June 30.

Mr Terry was ordered to leave within 90 days under legislation governing "long-term casual occupation," despite living at the park for three years.

At the heart of Mr Terry's case is a significant financial transaction.

Documents reviewed by the Newcastle Herald show that in late 2022, Mr Terry transferred $40,000 to the park to secure occupancy of his site.

Invoices from the park clearly show an arrangement for a five-year term, running from an arrival date of January 7, 2023, to a departure date of January 7, 2028.

If Mr Terry is forced to leave on June 30, he believes he will lose the equivalent of roughly 18 months of prepaid occupancy, or about $12,000.

His supporters are challenging the legal foundation of the eviction notice itself, arguing the wrong legislation has been applied.

Under the Holiday Parks Act, casual occupants who use a park for holiday purposes can be terminated without grounds with 90 days' notice.

But advocates say Mr Terry is not a holiday visitor - he is a permanent, full-time resident who has lived at the park seven days a week, 365 days a year, since moving in.

Permanent resident laws provide significantly stronger protections, including a prohibition on "no grounds" evictions. Under those Acts, a landlord must give a reason for termination, backed by evidence, and cannot evict a tenant simply because they wish to.

"The Holiday Parks Act only applies if you live somewhere else and use the van for holidays," supporter Ian Freebairn said.

"If you live in a park and do not live anywhere else, you are entitled to the full protection of these Acts."

His home, advocates say, is his site at the park, a fact they say is readily evidenced by his electricity usage records, which are billed directly by park management.

Mr Terry's circumstances make the eviction particularly difficult to comprehend for those in his corner.

Since moving to the park, he has endured a work-related accident causing significant elbow and shoulder damage requiring surgery in late January this year.

He is now undergoing physiotherapy.

He has also battled cancer of the jawbone, losing most of his upper teeth, with jaw reconstruction surgery for dental implants imminent and a recovery of several months ahead.

He also has pulmonary nodules in his left lung requiring specialist reviews every six months, squamous cell carcinoma requiring ongoing treatment, and chronic bronchitis.

"Ninety days is not nearly enough," Mr Freebairn said.

"Due to Mick's serious ill health, leniency should be granted to him, to at the very least give him sufficient time to find suitable accommodation."

Mr Terry said he was now "tossing my stuff out because I don't know what I will do with it".

He said he had never had a problem with other tenants at the park.

"I just keep to myself and go between my appointments for treatment," he said.

In a statement in response to the Herald's questions, an Ingenia spokesperson said the company takes its regulatory obligations very seriously and operates in accordance with the relevant legislation governing occupation agreements.

"There are different legal frameworks that apply within residential land lease communities and holiday parks," the spokesperson said.

"A person's rights and the operator's obligations depend on the type of agreement in place.

"In March a number of annual residents at Ingenia Holidays Lake Macquarie, who were on casual occupation agreements, were given notice, and provided with more than the minimum 90 days' notice required by the law.

"This includes the resident of the dwelling which is the subject of a complaint.

"Ingenia has a copy of a fully signed long-term casual occupation agreement which confirms the correct legislation is being applied."

They said the dwelling was not sold to the current owner by Ingenia, but was purchased from another holiday park owner.

"Because of the nature of annual occupation agreements, residents occupying casual sites are not able to nominate them as a permanent place of residence," Ingenia said.

"Ingenia is committed to fair and lawful management practices and to working constructively with all occupants".