Northern Territory Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO 8 OF 2010) - SECT 22

After section 119

insert

Division 1A     Rates and charges relevant to caravan park agreements

119A     Application of Division

This Division applies to a landlord and a tenant under a caravan park agreement.

119B     Payment of electricity, gas or water charges

A caravan park owner must not require a resident to pay for charges, levies, rates or taxes, other than a charge payable by the resident for electricity, gas or water supplied to the site or caravan occupied by the resident.

Maximum penalty:     20 penalty units.

119C     No charge payable unless specified in caravan park agreement

    (1)     A resident is only required to pay the caravan park owner for a charge payable by the owner for electricity, gas or water supplied to the site or caravan during the tenancy if:

    (a)     the resident is required to do so under the caravan park agreement; and

    (b)     the site or caravan to which the agreement relates is individually metered for the service or facility to which the charge relates.

    (2)     A caravan park owner must not request from a resident an amount for a charge payable by the owner for electricity, gas or water supplied to the site or caravan during the tenancy unless the amount is calculated in accordance with the caravan park agreement.

Maximum penalty:     20 penalty units.

    (3)     A caravan park owner who receives money from a resident for electricity, gas or water supplied to the site or caravan must pay the money to the person to whom the money is owing by the resident unless the owner has already paid the money owing.

Maximum penalty:     20 penalty units.

119D     Commissioner may determine charges payable

    (1)     On application of a caravan park owner or a resident, the Commissioner may determine the proportion of a charge that:

    (a)     is payable by the resident for electricity, gas or water supplied to the site or caravan; and

    (b)     the resident is required to pay to the owner under the caravan park agreement as mentioned in section 119C(1).

    (2)     For subsection (1), the Commissioner may order an amount be paid by the resident or paid or refunded to the resident.