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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 73
Utility cost in site rent
73 Utility cost in site rent
(1) This section applies if— (a) the use by the home owner under a
site agreement of a utility at the site is not separately measured or metered;
and
(b) either of the following events (a
"change event" ) happens— (i) the home owner’s use of the utility becomes
separately measured or metered and the cost of the use becomes payable by the
home owner;
(ii) the utility stops being available for use by the home owner
for any reason other than the default or neglect of the home owner.
(2) The
park owner must within 14 days after the change event happens give the
home owner a notice (a
"utility cost notice" ) stating the following— (a) the utility cost factored
into the site rent payable under the agreement and how the utility cost has
been worked out;
(b) the date the change event happened;
(c) the site rent
payable from that date;
(d) if the home owner disputes the utility cost—
(i) the home owner must, within 28 days after receiving the notice, give the
park owner a dispute negotiation notice for the dispute; and
(ii) the
home owner must use the dispute resolution procedures under part 17 , division
1 to try to resolve the dispute with the park owner; and
(iii) the home owner
may, subject to section 116 , apply to the tribunal for an order reducing the
site rent if the dispute can not be resolved using the dispute resolution
procedures.
Penalty— Maximum penalty—10 penalty units.
(3) The
site rent payable from the day the change event happens (the
"change event day" ) is the site rent payable immediately before the
change event day, reduced by the utility cost stated in the
utility cost notice.
(4) Any overpayment of site rent, relating to the
utility cost, from the change event day must be refunded by the park owner to
the home owner within 14 days after the home owner received the
utility cost notice. Penalty— Maximum penalty—10 penalty units.
(5) An amount payable to the home owner under subsection (4) is recoverable as
a debt.
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