Queensland Consolidated Acts

MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 74

74 Dispute resolution and tribunal review of utility cost and site rent reduction

(1) This section applies if—

(a) the home owner under a site agreement and the park owner disagree about whether the park owner should have given a utility cost notice under section 73 (2) ; or

(b) the home owner under a site agreement who receives a utility cost notice under section 73 (2) disputes the utility cost stated in the notice.

(2) The home owner under the site agreement mentioned in subsection (1) (a) may, subject to section 116 , apply to the tribunal for an order under subsection (4) .

(3) The home owner mentioned in subsection (1) (b) —

(a) must, within 28 days after receiving the utility cost notice, give the park owner a dispute negotiation notice for the dispute; and

(b) may, subject to section 116 , apply to the tribunal for an order under subsection (4) .

(4) If the home owner applies to the tribunal under subsection (2) or (3) (b) , the tribunal may make any of the following orders—

(a) an order reducing the site rent payable under the agreement, from the change event day, by the amount the tribunal considers appropriate;

(b) another order the tribunal considers appropriate.

Example for subsection (4)(b)—

an order that the park owner refund to the home owner any overpaid site rent from the change event day

(5) In making an order under subsection (4) , the tribunal may have regard to the following—

(a) relevant available information about the costs of supplying utilities in the local government area in which the residential park is situated;

(b) any terms of the agreement about utility costs;

(c) the number of persons occupying the manufactured home positioned on the site;

(d) anything else the tribunal considers relevant.