Victorian Current Acts Victorian Current Acts(1) If an application is made under section 154 , the Tribunal may—
(a) make an order—
(i) declaring the proposed rent or hiring charge excessive; and
(ii) directing that for the period specified in the order the rent or hiring charge must not exceed the amount specified in the order; or
(b) dismiss the application.
(2) The Tribunal must have regard to the Director's report obtained under section 153 in determining the application.
(3) The Tribunal must make an order declaring the proposed rent excessive if it is satisfied that the proposed rent is more than that which should reasonably be paid by a resident having regard to—
(a) the rent payable for a similar site in the caravan park;
(b) the rent payable for a similar site in a similar caravan park in a similar location;
(c) the state of repair and general condition of the site and the caravan park;
(d) any variation in the cost of providing facilities or services that the caravan park owner provides;
(e) any changes in the rent and the condition of the site or facilities in the caravan park since the resident first occupied the site and since the last rent increase;
S. 155(3)(ea) inserted by No. 45/2002 s. 49(1).
(ea) the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases;
(f) any improvements made to the site which should not result in an increase because they were made by the resident.
(4) The Tribunal must make an order declaring a proposed hiring charge excessive if it is satisfied that the proposed hiring charge is more than that which should reasonably be paid by a resident having regard to—
(a) the hiring charges payable by a resident for a similar caravan;
S. 155(4)(ab) inserted by No. 45/2002 s. 49(2).
(ab) the number of hiring charge increases (if any) in the preceding 24 months, the amount of each hiring charge increase in that period and the timing of those increases;
(b) the state of repair and general condition of the caravan.
(5) If the Tribunal makes an order under subsection (1)(a), a caravan park owner or caravan owner cannot require a resident to pay an amount of rent or hiring charge greater than that specified in the order for a period of 6 months after the day on which the order comes into operation.
(6) The amount specified in the order must not be less than the amount payable by the resident immediately before the notice was given under section 152.