(1) A caravan park owner, a caravan owner or a resident may apply to the Tribunal to determine the liability of the caravan park owner, the caravan owner and the resident for excessive usage charges referred to in section 180A.
(2) In making a determination under subsection (1), the Tribunal is to have regard to the following—
(a) whether the resident had knowledge of the fault;
(b) whether the resident took reasonable steps to notify the caravan park owner, the caravan owner, or that person's agent, of the fault;
(c) whether the resident has already been compensated by another person for any part of the excessive usage charges;
(d) whether the caravan park owner or the caravan owner has complied with this Act in respect of any urgent repairs;
(e) any diagnosis made by a water authority or other suitably qualified person in respect of the fault;
(f) any maintenance and repairs conducted by the caravan park owner or the caravan owner;
(g) any other matter the Tribunal considers appropriate.
This section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
S. 181 (Heading) amended by No. 45/2018 s. 154(1).
S. 181 amended by Nos 32/2010 s. 79(4), 45/2018 s. 154 (1)(1A)(2) (as amended by No. 47/2019 s. 73).