52Tribunal may declare rent excessive

52 Tribunal may declare rent excessive (1) On application by a resident under a caravan park agreement, the Tribunal may declare the rent payable under it is excessive. (2) The Tribunal must not make the declaration unless it: (a) has given 14 days notice of the application to the operator; and (b) has invited the operator to make submissions to the Commissioner about the application before a date specified in the notice; and (c) has considered any submissions made by the operator. (3) The Tribunal may only make the declaration if it considers the rent paid under the caravan park agreement is excessive having regard to the following: (a) the general level of rents for comparable caravans and caravan sites or caravan sites (as the case may be) in the same or similar localities; (b) the cost of any services provided in connection with the agreement by the operator or the resident; (c) any reduction, to a significant extent, in the level of services provided under the agreement. (4) If the Tribunal declares the rent payable is excessive, it may, by order, specify the following: (a) the rent payable for the agreement property and a variation to the agreement to reduce rent payable under the agreement;

Caravan Parks Act 2012 34 (b) a date (not before the date of the application) from which the variation takes effect; (c) the period (of not more than 12 months) for which the order remains in force. (5) While an order under subsection (4) remains in force, the operator must not ask for or receive rent exceeding the amount specified by the order as the rent payable for the agreement property. (a) intentionally asks for or receives rent; and (b) is reckless as to whether the rent exceeds the amount fixed by the order. (6) On further application by the operator under the caravan park agreement, the Tribunal may, as it thinks fit, vary or revoke an order under this section.