QLDIn ForceAct
Manufactured Homes (Residential Parks) Act 2003
sec.71ANotice of special increase in site rent
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### sec.71A Notice of special increase in site rent
The park owner must give the home owner for the site a notice (the special increase notice ) stating the following—
the type of the special cost and the purpose (the stated purpose ) for which it has been, or is expected to be, incurred;
the total amount of the special cost incurred, or expected to be incurred, and the proportion of the total amount proposed to be included in the site rent;
the amount of the proposed increased site rent including the proportion of the special cost mentioned in paragraph (b) ;
how the proposed amount relating to the proportion of the special cost has been worked out;
the day, at least 2 months after the notice is given, the increased site rent is first payable (the special increase day );
for a notice relating to a repair cost or upgrade cost—the period for which the proposed increased site rent will be payable to cover the cost;
that the home owner must, within 28 days after receiving the notice, give the park owner a written response agreeing to or disputing the proposed increase;
the day the notice is given to the home owner.
If the home owner agrees in writing to the proposed increase, whether under subsection (1) (g) or otherwise, the proposed increased site rent—
is first payable on the special increase day; and
for a proposed increase to cover a repair cost or upgrade cost—stops being payable when the period mentioned in subsection (1) (f) ends.
If the home owner does not give a response under subsection (1) (g) or otherwise agree in writing to the proposed increase, the home owner is taken to dispute the proposed increase.
s 71A ins 2017 No. 42 s 36
(sec.71A-ssec.1) The park owner must give the home owner for the site a notice (the special increase notice ) stating the following— the type of the special cost and the purpose (the stated purpose ) for which it has been, or is expected to be, incurred; the total amount of the special cost incurred, or expected to be incurred, and the proportion of the total amount proposed to be included in the site rent; the amount of the proposed increased site rent including the proportion of the special cost mentioned in paragraph (b) ; how the proposed amount relating to the proportion of the special cost has been worked out; the day, at least 2 months after the notice is given, the increased site rent is first payable (the special increase day ); for a notice relating to a repair cost or upgrade cost—the period for which the proposed increased site rent will be payable to cover the cost; that the home owner must, within 28 days after receiving the notice, give the park owner a written response agreeing to or disputing the proposed increase; the day the notice is given to the home owner.
(sec.71A-ssec.2) If the home owner agrees in writing to the proposed increase, whether under subsection (1) (g) or otherwise, the proposed increased site rent— is first payable on the special increase day; and for a proposed increase to cover a repair cost or upgrade cost—stops being payable when the period mentioned in subsection (1) (f) ends.
(sec.71A-ssec.3) If the home owner does not give a response under subsection (1) (g) or otherwise agree in writing to the proposed increase, the home owner is taken to dispute the proposed increase.
- (a) the type of the special cost and the purpose (the stated purpose ) for which it has been, or is expected to be, incurred;
- (b) the total amount of the special cost incurred, or expected to be incurred, and the proportion of the total amount proposed to be included in the site rent;
- (c) the amount of the proposed increased site rent including the proportion of the special cost mentioned in paragraph (b) ;
- (d) how the proposed amount relating to the proportion of the special cost has been worked out;
- (e) the day, at least 2 months after the notice is given, the increased site rent is first payable (the special increase day );
- (f) for a notice relating to a repair cost or upgrade cost—the period for which the proposed increased site rent will be payable to cover the cost;
- (g) that the home owner must, within 28 days after receiving the notice, give the park owner a written response agreeing to or disputing the proposed increase;
- (h) the day the notice is given to the home owner.
- (a) is first payable on the special increase day; and
- (b) for a proposed increase to cover a repair cost or upgrade cost—stops being payable when the period mentioned in subsection (1) (f) ends.