Victorian Current Acts Victorian Current Acts(1) If an application is made under section 206X, the Tribunal may—
(a) make an order—
(i) declaring the proposed rent excessive; and
(ii) directing that for the period specified in the order the rent 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 206W 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 site tenant having regard to—
(a) the rent payable for a similar Part 4A site in the Part 4A park;
(b) the rent payable for a similar Part 4A site in a similar Part 4A park in a similar location;
(c) the state of repair and general condition of the Part 4A site and the Part 4A park;
(d) any variation in the cost of providing facilities or services that the site owner provides;
(e) any changes in the rent and the condition of the Part 4A site or facilities in the Part 4A park since the site tenant first occupied the Part 4A site and since the last rent increase;
(f) 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;
(g) any improvements made to the Part 4A site which should not result in an increase because they were made by the site tenant;
(h) the terms of the existing or proposed site agreement (if any).
(4) If the Tribunal makes an order under subsection (1)(a), a site owner cannot require a site tenant to pay an amount of rent greater than that specified in the order for a period of 6 months after the day on which the order comes into operation.
(5) The amount specified in the order must not be less than the amount payable by the site tenant immediately before the notice was given under section 206V.
S. 206Z inserted by No. 67/2010 s. 10.