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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 72
Site rent reduction for failure of communal facility or service etc.
72 Site rent reduction for failure of communal facility or service etc.
(1) This section applies if the home owner under a site agreement considers
the site rent should be reduced because 1 of the following applies and the
park owner does not agree to the reduction— (a) the amenity or standard of
the residential park’s common areas and communal facilities has decreased
substantially since the agreement was entered into;
(b) a communal facility
or service provided at the park when the agreement was entered into has been
withdrawn;
(c) a communal facility or service as follows has not been
provided at the park— (i) a communal facility or service described in
advertising, done by or for the park owner, of which the home owner was aware
before the site agreement was entered into;
(ii) a communal facility or
service described in a document made available to the home owner by the
park owner before the site agreement was entered into.
(2) The home owner
may, subject to section 116 , apply to the tribunal for an order reducing the
site rent under subsection (3) .
(3) If the home owner applies under
subsection (2) , the tribunal may make an order reducing the site rent by an
amount the tribunal considers appropriate if the tribunal is satisfied of a
matter mentioned in subsection (1) (a) to (c) .
(4) For making an order under
subsection (3) , the tribunal may have regard to any of the following
documents— (a) the site agreement;
(b) the home owner’s information
document for the residential park;
(c) any relevant advertising made
available to the home owner by the park owner before the site agreement was
entered into;
(d) any other document the tribunal considers is relevant.
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