Queensland Consolidated Acts

MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 39B

39B Termination order must include order for vacant possession of site or transfer of manufactured home

(1) A termination order in relation to a site agreement under which a manufactured home is positioned on the site must include 1 of the following orders—

(a) an order requiring the home owner to give the park owner vacant possession of the site on or before the termination day;

(b) an order requiring the home owner to do both of the following on or before the termination day—

(i) transfer ownership of the manufactured home to the park owner;

(ii) give vacant possession of the manufactured home to the park owner.

(2) However, an order under subsection (1) (b) may be made only with the consent of the home owner.

(3) In deciding whether to make an order under subsection (1) (a) or (b) , the tribunal must consider the following matters—

(a) the cost and practicality of relocating the manufactured home to another location;

(b) submissions by the home owner about whether the home owner intends to relocate the manufactured home to another location;

(c) submissions by the park owner and the home owner about whether the manufactured home should be resold in the residential park;

(d) the availability of alternative locations to position the manufactured home within a reasonable distance from the residential park;

(e) the condition and saleability of the manufactured home, and the likelihood of the manufactured home being resold in the residential park;

(f) the amount paid by the home owner for the manufactured home, and the amount of any reduction in the value of the home if the home owner is required to give vacant possession of the site;

(g) what the tribunal considers to be fair and reasonable in the circumstances.

(4) The tribunal may make any other order the tribunal considers appropriate.