sec.72Site rent reduction for failure of communal facility or service etc.

### sec.72 Site rent reduction for failure of communal facility or service etc. This section applies if the home owner under a site agreement considers the site rent should be reduced because 1 of the following applies and the park owner does not agree to the reduction— the amenity or standard of the residential park’s common areas and communal facilities has decreased substantially since the agreement was entered into; a communal facility or service provided at the park when the agreement was entered into has been withdrawn; a communal facility or service as follows has not been provided at the park— a communal facility or service described in advertising, done by or for the park owner, of which the home owner was aware before the site agreement was entered into; a communal facility or service described in a document made available to the home owner by the park owner before the site agreement was entered into. The home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent under subsection (3) . If the home owner applies under subsection (2) , the tribunal may make an order reducing the site rent by an amount the tribunal considers appropriate if the tribunal is satisfied of a matter mentioned in subsection (1) (a) to (c) . For making an order under subsection (3) , the tribunal may have regard to any of the following documents— the site agreement; the home owner’s information document for the residential park; any relevant advertising made available to the home owner by the park owner before the site agreement was entered into; any other document the tribunal considers is relevant. s 72 amd 2010 No. 46 s 21 ; 2017 No. 42 s 37 (sec.72-ssec.1) This section applies if the home owner under a site agreement considers the site rent should be reduced because 1 of the following applies and the park owner does not agree to the reduction— the amenity or standard of the residential park’s common areas and communal facilities has decreased substantially since the agreement was entered into; a communal facility or service provided at the park when the agreement was entered into has been withdrawn; a communal facility or service as follows has not been provided at the park— a communal facility or service described in advertising, done by or for the park owner, of which the home owner was aware before the site agreement was entered into; a communal facility or service described in a document made available to the home owner by the park owner before the site agreement was entered into. (sec.72-ssec.2) The home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent under subsection (3) . (sec.72-ssec.3) If the home owner applies under subsection (2) , the tribunal may make an order reducing the site rent by an amount the tribunal considers appropriate if the tribunal is satisfied of a matter mentioned in subsection (1) (a) to (c) . (sec.72-ssec.4) For making an order under subsection (3) , the tribunal may have regard to any of the following documents— the site agreement; the home owner’s information document for the residential park; any relevant advertising made available to the home owner by the park owner before the site agreement was entered into; any other document the tribunal considers is relevant. - (a) the amenity or standard of the residential park’s common areas and communal facilities has decreased substantially since the agreement was entered into; - (b) a communal facility or service provided at the park when the agreement was entered into has been withdrawn; - (c) a communal facility or service as follows has not been provided at the park— (i) a communal facility or service described in advertising, done by or for the park owner, of which the home owner was aware before the site agreement was entered into; (ii) a communal facility or service described in a document made available to the home owner by the park owner before the site agreement was entered into. - (i) a communal facility or service described in advertising, done by or for the park owner, of which the home owner was aware before the site agreement was entered into; - (ii) a communal facility or service described in a document made available to the home owner by the park owner before the site agreement was entered into. - (i) a communal facility or service described in advertising, done by or for the park owner, of which the home owner was aware before the site agreement was entered into; - (ii) a communal facility or service described in a document made available to the home owner by the park owner before the site agreement was entered into. - (a) the site agreement; - (b) the home owner’s information document for the residential park; - (c) any relevant advertising made available to the home owner by the park owner before the site agreement was entered into; - (d) any other document the tribunal considers is relevant.