sec.70Dispute resolution and application to tribunal about general site rent increase

### sec.70 Dispute resolution and application to tribunal about general site rent increase This section applies if— the park owner for a residential park gives a home owner for an eligible site a general increase notice for a proposed increase in site rent; and the home owner disputes the amount of the proposed increase on the basis it is excessive. The home owner must, within 28 days after receiving the general increase notice, give the park owner a dispute negotiation notice for the dispute. The home owner may, subject to section 116 , apply to the tribunal for an order under subsection (4) . Under section 141 , a group of home owners may make a joint application in relation to a residential park dispute arising out of the same or similar facts or circumstances. If the home owner applies under subsection (3) , the tribunal may make any of the following orders— an order reducing the amount of the increase by a stated amount; an order setting aside the increase; an order confirming the increase on the conditions, if any, the tribunal considers appropriate; another order the tribunal considers appropriate. In deciding the application, the tribunal may have regard to the following— the range of site rents usually charged for comparable sites in comparable residential parks in the locality of the park; if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) , data is not available for that range or it is just and equitable to do so in the particular circumstances—the range of site rents usually charged for comparable sites in comparable residential parks in comparable localities to the locality the park is in; if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or (b) , data is not available for that range or it is just and equitable to do so in the particular circumstances—general trends in rent for residential accommodation in the locality the park is in; the increased site rent compared to the previous site rent; the frequency, and amount, of past increases in the site rent payable under the agreement; any increase in the CPI number during the previous site rent period; the amenity or standard of the common areas and communal facilities; any withdrawal of a communal facility or service previously provided at the park; any addition of a communal facility or service not previously provided at the park; any increase in the park owner’s operating costs for the park during the previous site rent period; whether the increase is fair and equitable in all the circumstances of the case; anything else the tribunal considers relevant. If, in deciding the application, the tribunal makes an order mentioned in subsection (4) (a) or (b) , the park owner must refund to the home owner any overpayment of the site rent since when the increased site rent has been paid. Maximum penalty—10 penalty units. An amount payable to the home owner under subsection (6) is recoverable as a debt. In this section— previous site rent means the site rent payable under the agreement before the increase. previous site rent period means the period commencing on the first day the previous site rent was payable and ending on the day the tribunal decides the application. s 70 amd 2010 No. 46 s 19 ; 2017 No. 42 s 34 (sec.70-ssec.1) This section applies if— the park owner for a residential park gives a home owner for an eligible site a general increase notice for a proposed increase in site rent; and the home owner disputes the amount of the proposed increase on the basis it is excessive. (sec.70-ssec.2) The home owner must, within 28 days after receiving the general increase notice, give the park owner a dispute negotiation notice for the dispute. (sec.70-ssec.3) The home owner may, subject to section 116 , apply to the tribunal for an order under subsection (4) . Under section 141 , a group of home owners may make a joint application in relation to a residential park dispute arising out of the same or similar facts or circumstances. (sec.70-ssec.4) If the home owner applies under subsection (3) , the tribunal may make any of the following orders— an order reducing the amount of the increase by a stated amount; an order setting aside the increase; an order confirming the increase on the conditions, if any, the tribunal considers appropriate; another order the tribunal considers appropriate. (sec.70-ssec.5) In deciding the application, the tribunal may have regard to the following— the range of site rents usually charged for comparable sites in comparable residential parks in the locality of the park; if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) , data is not available for that range or it is just and equitable to do so in the particular circumstances—the range of site rents usually charged for comparable sites in comparable residential parks in comparable localities to the locality the park is in; if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or (b) , data is not available for that range or it is just and equitable to do so in the particular circumstances—general trends in rent for residential accommodation in the locality the park is in; the increased site rent compared to the previous site rent; the frequency, and amount, of past increases in the site rent payable under the agreement; any increase in the CPI number during the previous site rent period; the amenity or standard of the common areas and communal facilities; any withdrawal of a communal facility or service previously provided at the park; any addition of a communal facility or service not previously provided at the park; any increase in the park owner’s operating costs for the park during the previous site rent period; whether the increase is fair and equitable in all the circumstances of the case; anything else the tribunal considers relevant. (sec.70-ssec.6) If, in deciding the application, the tribunal makes an order mentioned in subsection (4) (a) or (b) , the park owner must refund to the home owner any overpayment of the site rent since when the increased site rent has been paid. Maximum penalty—10 penalty units. (sec.70-ssec.7) An amount payable to the home owner under subsection (6) is recoverable as a debt. (sec.70-ssec.8) In this section— previous site rent means the site rent payable under the agreement before the increase. previous site rent period means the period commencing on the first day the previous site rent was payable and ending on the day the tribunal decides the application. - (a) the park owner for a residential park gives a home owner for an eligible site a general increase notice for a proposed increase in site rent; and - (b) the home owner disputes the amount of the proposed increase on the basis it is excessive. - (a) an order reducing the amount of the increase by a stated amount; - (b) an order setting aside the increase; - (c) an order confirming the increase on the conditions, if any, the tribunal considers appropriate; - (d) another order the tribunal considers appropriate. - (a) the range of site rents usually charged for comparable sites in comparable residential parks in the locality of the park; - (b) if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) , data is not available for that range or it is just and equitable to do so in the particular circumstances—the range of site rents usually charged for comparable sites in comparable residential parks in comparable localities to the locality the park is in; - (c) if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or (b) , data is not available for that range or it is just and equitable to do so in the particular circumstances—general trends in rent for residential accommodation in the locality the park is in; - (d) the increased site rent compared to the previous site rent; - (e) the frequency, and amount, of past increases in the site rent payable under the agreement; - (f) any increase in the CPI number during the previous site rent period; - (g) the amenity or standard of the common areas and communal facilities; - (h) any withdrawal of a communal facility or service previously provided at the park; - (i) any addition of a communal facility or service not previously provided at the park; - (j) any increase in the park owner’s operating costs for the park during the previous site rent period; - (k) whether the increase is fair and equitable in all the circumstances of the case; - (l) anything else the tribunal considers relevant.