Queensland Consolidated Acts

MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 55

55 Payment of after-termination rent

(1) This section applies if—

(a) a site agreement is taken to have been terminated under section 52 (4) (b) ; and

(b) under a sale order, the park owner sells the manufactured home positioned on the site or the home owner’s personal effects; and

(c) under section 54 (3) , the public trustee pays proceeds from the sale into the fund.

(2) On application to the tribunal by the park owner, the tribunal may make an order conferring on the park owner an entitlement to receive an amount paid into the fund under section 54 (3) , decided by the tribunal, on account of after-termination rent.

(3) On making the application, the park owner must demonstrate to the tribunal that the park owner—

(a) acted as soon as is reasonably practicable to sell the home or personal effects; and

(b) otherwise took all reasonable steps to mitigate the park owner’s loss of site rent that would have been payable under the agreement if it were still in force.

(4) In deciding whether to make the order, or if it decides to make the order, in deciding the amount the park owner is entitled to receive, the tribunal must take into account the extent to which the park owner has complied with subsection (3) .

(5) In this section—

"after-termination rent" means the total of site rent that would have been payable under the agreement, if it were still in force, from the day the agreement is taken to have been terminated under section 52 (4) (b) until the day the home or personal effects are sold.