Queensland Consolidated Acts

MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 35

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.