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ARTICLE · 17 FEBRUARY 2009

Site Rent Review Update

HopgoodGanim
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Whilst the Review of the Manufactured Homes (Residential Parks) Act 2003 (Qld) (the Act) continues, the Commercial & Consumer Tribunal (the Tribunal) has provided some further guidance as to the parameters of Section 71 of the Act and site rent increases performed outside of the terms of home owners’ Site Agreements.

AustraliaReal Estate and Construction
Anthony Baldwin
Anthony Baldwin
Darrell Jardine
Darrell Jardine
Anthony Pitt
Anthony Pitt
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Whilst the Review of the Manufactured Homes (Residential Parks) Act 2003 (Qld) (the Act) continues, the Commercial & Consumer Tribunal (the Tribunal) has provided some further guidance as to the parameters of Section 71 of the Act and site rent increases performed outside of the terms of home owners' Site Agreements.

Billiet -v- Gray

The relevant facts of this case were as follows:

  • Two Site Agreements were in operation at the Park - one used prior to the enactment of the Act and one used after.
  • Both Site Agreements provided for an annual CPI increase and a market rent review to occur every 3 years.
  • In September 2006, the park owner performed a market rent review, which increased the site rent by $6.00 per week.

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