sec.39CCompensation order

### sec.39C Compensation order This section applies if the tribunal makes a termination order under section 38 or 39 in relation to a site agreement. The tribunal may, as well as making the termination order, make an order (a compensation order ) that the park owner pay the home owner compensation in relation to the termination of the site agreement. The tribunal may have regard to the matters mentioned in subsection (4) or (5) in making the compensation order. If the termination order includes an order under section 39B (1) (a) , the matters are as follows— the estimated costs of dismantling the manufactured home from the site; the estimated costs of transporting the manufactured home and the home owner’s personal effects to another location; the estimated costs of positioning the manufactured home at another location; the amount the home owner paid for the manufactured home; the difference between the market value of the manufactured home if sold on site and the market value of the home if sold separately from the site; whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park; the amount of any arrears in site rent owed by the home owner under the site agreement; what the tribunal considers is otherwise fair and reasonable in the circumstances; anything else the tribunal considers relevant. If the termination order includes an order under section 39B (1) (b) , the matters are as follows— the amount the home owner paid for the manufactured home; the market value of the manufactured home if it is sold on site and the residential park remains operational; whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park; if the termination order is made under section 38 —the likely time and expense for the park owner to resell the home; what the tribunal considers is otherwise fair and reasonable in the circumstances; anything else the tribunal considers relevant. The maximum distance for which transport costs mentioned in subsection (4) (b) may be allowed in the compensation order is the lesser of— the estimated distance of the transport; or 300km. s 39C ins 2024 No. 28 s 8 (sec.39C-ssec.1) This section applies if the tribunal makes a termination order under section 38 or 39 in relation to a site agreement. (sec.39C-ssec.2) The tribunal may, as well as making the termination order, make an order (a compensation order ) that the park owner pay the home owner compensation in relation to the termination of the site agreement. (sec.39C-ssec.3) The tribunal may have regard to the matters mentioned in subsection (4) or (5) in making the compensation order. (sec.39C-ssec.4) If the termination order includes an order under section 39B (1) (a) , the matters are as follows— the estimated costs of dismantling the manufactured home from the site; the estimated costs of transporting the manufactured home and the home owner’s personal effects to another location; the estimated costs of positioning the manufactured home at another location; the amount the home owner paid for the manufactured home; the difference between the market value of the manufactured home if sold on site and the market value of the home if sold separately from the site; whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park; the amount of any arrears in site rent owed by the home owner under the site agreement; what the tribunal considers is otherwise fair and reasonable in the circumstances; anything else the tribunal considers relevant. (sec.39C-ssec.5) If the termination order includes an order under section 39B (1) (b) , the matters are as follows— the amount the home owner paid for the manufactured home; the market value of the manufactured home if it is sold on site and the residential park remains operational; whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park; if the termination order is made under section 38 —the likely time and expense for the park owner to resell the home; what the tribunal considers is otherwise fair and reasonable in the circumstances; anything else the tribunal considers relevant. (sec.39C-ssec.6) The maximum distance for which transport costs mentioned in subsection (4) (b) may be allowed in the compensation order is the lesser of— the estimated distance of the transport; or 300km. - (a) the estimated costs of dismantling the manufactured home from the site; - (b) the estimated costs of transporting the manufactured home and the home owner’s personal effects to another location; - (c) the estimated costs of positioning the manufactured home at another location; - (d) the amount the home owner paid for the manufactured home; - (e) the difference between the market value of the manufactured home if sold on site and the market value of the home if sold separately from the site; - (f) whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park; - (g) the amount of any arrears in site rent owed by the home owner under the site agreement; - (h) what the tribunal considers is otherwise fair and reasonable in the circumstances; - (i) anything else the tribunal considers relevant. - (a) the amount the home owner paid for the manufactured home; - (b) the market value of the manufactured home if it is sold on site and the residential park remains operational; - (c) whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park; - (d) if the termination order is made under section 38 —the likely time and expense for the park owner to resell the home; - (e) what the tribunal considers is otherwise fair and reasonable in the circumstances; - (f) anything else the tribunal considers relevant. - (a) the estimated distance of the transport; or - (b) 300km.