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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 71D
Criteria for tribunal to confirm or reduce proposed increase
71D Criteria for tribunal to confirm or reduce proposed increase
The tribunal may make an order for a proposed increase in site rent under
section 71C (5) (a) or (b) if satisfied of the following matters— (a) the
proposed increase has not been included wholly or partly in an increase of
site rent under— (i) the site agreement; or
(ii) an order under section 70
(4) ; or
(iii) an agreement mentioned in section 71A (2) ; or
(iv) a
previous order under section 71C (5) ;
(b) for a proposed increase to cover
an operational cost—that if the site rent is not increased as proposed, the
residential park will not be commercially viable without significantly
reducing the park owner’s capacity to carry out the park owner’s
responsibilities under section 17 ;
(c) for a proposed increase to cover a
repair cost— (i) the matter mentioned in paragraph (b) ; and
(ii) the
park owner could not reasonably have obtained insurance to cover the cost.
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