sec.73Utility cost in site rent

### sec.73 Utility cost in site rent This section applies if— the use by the home owner under a site agreement of a utility at the site is not separately measured or metered; and either of the following events (a change event ) happens— the home owner’s use of the utility becomes separately measured or metered and the cost of the use becomes payable by the home owner; the utility stops being available for use by the home owner for any reason other than the default or neglect of the home owner. The park owner must within 14 days after the change event happens give the home owner a notice (a utility cost notice ) stating the following— the utility cost factored into the site rent payable under the agreement and how the utility cost has been worked out; the date the change event happened; the site rent payable from that date; if the home owner disputes the utility cost— the home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and the home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and the home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent if the dispute can not be resolved using the dispute resolution procedures. Maximum penalty—10 penalty units. The site rent payable from the day the change event happens (the change event day ) is the site rent payable immediately before the change event day, reduced by the utility cost stated in the utility cost notice. Any overpayment of site rent, relating to the utility cost, from the change event day must be refunded by the park owner to the home owner within 14 days after the home owner received the utility cost notice. Maximum penalty—10 penalty units. An amount payable to the home owner under subsection (4) is recoverable as a debt. s 73 amd 2010 No. 46 s 22 ; 2017 No. 42 s 38 (sec.73-ssec.1) This section applies if— the use by the home owner under a site agreement of a utility at the site is not separately measured or metered; and either of the following events (a change event ) happens— the home owner’s use of the utility becomes separately measured or metered and the cost of the use becomes payable by the home owner; the utility stops being available for use by the home owner for any reason other than the default or neglect of the home owner. (sec.73-ssec.2) The park owner must within 14 days after the change event happens give the home owner a notice (a utility cost notice ) stating the following— the utility cost factored into the site rent payable under the agreement and how the utility cost has been worked out; the date the change event happened; the site rent payable from that date; if the home owner disputes the utility cost— the home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and the home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and the home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent if the dispute can not be resolved using the dispute resolution procedures. Maximum penalty—10 penalty units. (sec.73-ssec.3) The site rent payable from the day the change event happens (the change event day ) is the site rent payable immediately before the change event day, reduced by the utility cost stated in the utility cost notice. (sec.73-ssec.4) Any overpayment of site rent, relating to the utility cost, from the change event day must be refunded by the park owner to the home owner within 14 days after the home owner received the utility cost notice. Maximum penalty—10 penalty units. (sec.73-ssec.5) An amount payable to the home owner under subsection (4) is recoverable as a debt. - (a) the use by the home owner under a site agreement of a utility at the site is not separately measured or metered; and - (b) either of the following events (a change event ) happens— (i) the home owner’s use of the utility becomes separately measured or metered and the cost of the use becomes payable by the home owner; (ii) the utility stops being available for use by the home owner for any reason other than the default or neglect of the home owner. - (i) the home owner’s use of the utility becomes separately measured or metered and the cost of the use becomes payable by the home owner; - (ii) the utility stops being available for use by the home owner for any reason other than the default or neglect of the home owner. - (i) the home owner’s use of the utility becomes separately measured or metered and the cost of the use becomes payable by the home owner; - (ii) the utility stops being available for use by the home owner for any reason other than the default or neglect of the home owner. - (a) the utility cost factored into the site rent payable under the agreement and how the utility cost has been worked out; - (b) the date the change event happened; - (c) the site rent payable from that date; - (d) if the home owner disputes the utility cost— (i) the home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and (ii) the home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and (iii) the home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent if the dispute can not be resolved using the dispute resolution procedures. - (i) the home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and - (ii) the home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and - (iii) the home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent if the dispute can not be resolved using the dispute resolution procedures. - (i) the home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and - (ii) the home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and - (iii) the home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent if the dispute can not be resolved using the dispute resolution procedures.