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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 35
Compensation may be payable to home owner
35 Compensation may be payable to home owner
(1) This section applies if— (a) the home owner under a site agreement
terminates the agreement under section 33 ; and
(b) the park owner has not
given the prospective home owner the disclosure documents for the site as
required under section 29 ; and
(c) the home owner removes the
manufactured home positioned by the home owner on the site from the site and
relocates it to another place; and
(d) the home owner and park owner do not
agree about compensation payable to the home owner for the removal and
relocation of the home.
(2) The home owner may, subject to section 116 ,
apply to the tribunal for an order under subsection (3) .
(3) On application
by the home owner, the tribunal may make an order (the
"compensation order" ) that the park owner pay the home owner an amount of
compensation to cover the reasonable costs of removing the home from the site
and relocating it to another place.
(4) The application must be made within 6
months after the termination of the agreement is effective.
(5) In making the
compensation order, the tribunal may have regard to the following— (a) the
costs of removing the home from the site;
(b) the costs of transporting the
home and the home owner’s personal effects to the other location;
(c) the
costs of positioning the home at the other location;
(d) the costs of
repairing any damage to the home arising from its removal and relocation;
(e)
whether the home owner has taken all reasonable steps to mitigate the costs of
removal and relocation.
(6) In making the compensation order, the tribunal
may only make an allowance for the costs mentioned in subsection (5) (b) —
(a) if the distance of transport was less than 300km—relating to the actual
distance of transport; or
(b) if the distance of transport was 300km or
more—relating to a distance of transport of 300km.
(7) The
compensation order must not be for an amount that is more than the market
value of the home.
(8) In conjunction with the compensation order, the
tribunal may make any other order the tribunal considers appropriate.
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