sec.194Application to tribunal to vary site agreements providing for market review

### sec.194 Application to tribunal to vary site agreements providing for market review This section applies if— a site agreement that was in force immediately before the commencement provided for a market review of site rent as a basis for increasing site rent payable under the site agreement; and the park owner considers that, because of section 69F, the operation of the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17. However, this section does not apply if— the site agreement provides for 1 or more alternative bases for increasing the site rent; and the alternative basis, or 1 of the alternative bases, provides for the increase in the site rent by reference to a CPI number. The park owner may apply to the tribunal, within 2 years after the commencement, for an order to vary the site agreement to provide for another basis for increasing the site rent (a variation order ). The application— must state the terms of the variation order sought by the park owner, which must be a basis the park owner considers provides for a fair and reasonable increase in the site rent in the residential park; and may relate to 1 or more site agreements for the residential park. In this section— alternative basis see section 192(1)(b). s 194 ins 2024 No. 28 s 24 (sec.194-ssec.1) This section applies if— a site agreement that was in force immediately before the commencement provided for a market review of site rent as a basis for increasing site rent payable under the site agreement; and the park owner considers that, because of section 69F, the operation of the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17. (sec.194-ssec.2) However, this section does not apply if— the site agreement provides for 1 or more alternative bases for increasing the site rent; and the alternative basis, or 1 of the alternative bases, provides for the increase in the site rent by reference to a CPI number. (sec.194-ssec.3) The park owner may apply to the tribunal, within 2 years after the commencement, for an order to vary the site agreement to provide for another basis for increasing the site rent (a variation order ). (sec.194-ssec.4) The application— must state the terms of the variation order sought by the park owner, which must be a basis the park owner considers provides for a fair and reasonable increase in the site rent in the residential park; and may relate to 1 or more site agreements for the residential park. (sec.194-ssec.5) In this section— alternative basis see section 192(1)(b). - (a) a site agreement that was in force immediately before the commencement provided for a market review of site rent as a basis for increasing site rent payable under the site agreement; and - (b) the park owner considers that, because of section 69F, the operation of the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17. - (a) the site agreement provides for 1 or more alternative bases for increasing the site rent; and - (b) the alternative basis, or 1 of the alternative bases, provides for the increase in the site rent by reference to a CPI number. - (a) must state the terms of the variation order sought by the park owner, which must be a basis the park owner considers provides for a fair and reasonable increase in the site rent in the residential park; and - (b) may relate to 1 or more site agreements for the residential park.