sec.196Making of variation order by tribunal

### sec.196 Making of variation order by tribunal The tribunal may make a variation order in relation to a site agreement only if satisfied that— because of section 69F, a term of the site agreement providing for market review of site rent is of no effect; and if a variation order were not made, the operation of the residential park would not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17. In deciding the application, the tribunal may have regard to the following matters— the expenses and financial circumstances of operating the residential park; the communal facilities, services and amenities included in the site rent for the residential park; the frequency, and amount, of past increases in the site rent payable under the site agreement; how the site rent would differ from past increases in the site rent if a variation order were not made; whether, if a variation order were not made, the park owner would be likely to meet the park owner’s obligations under the Act while obtaining a reasonable profit; the bases for working out the amount of an increase in site rent for other sites in the residential park, or common bases used in comparable residential parks; how the site rent payable under site agreements for sites in the residential park and the bases for working out the site rent in the residential park compare to similar residential parks; any written advice, reports or evidence of an expert appointed under section 195; any submissions received from interested parties, including the home owners committee for the residential park or home owners residing in manufactured homes positioned on sites in the residential park; anything else the tribunal considers relevant. s 196 ins 2024 No. 28 s 24 (sec.196-ssec.1) The tribunal may make a variation order in relation to a site agreement only if satisfied that— because of section 69F, a term of the site agreement providing for market review of site rent is of no effect; and if a variation order were not made, the operation of the residential park would not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17. (sec.196-ssec.2) In deciding the application, the tribunal may have regard to the following matters— the expenses and financial circumstances of operating the residential park; the communal facilities, services and amenities included in the site rent for the residential park; the frequency, and amount, of past increases in the site rent payable under the site agreement; how the site rent would differ from past increases in the site rent if a variation order were not made; whether, if a variation order were not made, the park owner would be likely to meet the park owner’s obligations under the Act while obtaining a reasonable profit; the bases for working out the amount of an increase in site rent for other sites in the residential park, or common bases used in comparable residential parks; how the site rent payable under site agreements for sites in the residential park and the bases for working out the site rent in the residential park compare to similar residential parks; any written advice, reports or evidence of an expert appointed under section 195; any submissions received from interested parties, including the home owners committee for the residential park or home owners residing in manufactured homes positioned on sites in the residential park; anything else the tribunal considers relevant. - (a) because of section 69F, a term of the site agreement providing for market review of site rent is of no effect; and - (b) if a variation order were not made, the operation of the residential park would 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 expenses and financial circumstances of operating the residential park; - (b) the communal facilities, services and amenities included in the site rent for the residential park; - (c) the frequency, and amount, of past increases in the site rent payable under the site agreement; - (d) how the site rent would differ from past increases in the site rent if a variation order were not made; - (e) whether, if a variation order were not made, the park owner would be likely to meet the park owner’s obligations under the Act while obtaining a reasonable profit; - (f) the bases for working out the amount of an increase in site rent for other sites in the residential park, or common bases used in comparable residential parks; - (g) how the site rent payable under site agreements for sites in the residential park and the bases for working out the site rent in the residential park compare to similar residential parks; - (h) any written advice, reports or evidence of an expert appointed under section 195; - (i) any submissions received from interested parties, including the home owners committee for the residential park or home owners residing in manufactured homes positioned on sites in the residential park; - (j) anything else the tribunal considers relevant.