Last updated 14 December 2016
Generally, a park owner:
- can only increase site rent based on market review if the resident agrees or this mechanism is set out in the site agreement
- can only apply to the Queensland Civil and Administrative Tribunal (QCAT) to increase the site rent over and above the agreed mechanism if there are significant increases in operational costs, repair costs or cost of improvements
- can include a market review clause in a site agreement when the current site owner sells their interest
- may not threaten, intimidate or pressure a resident to agree to a proposed site rent increase or not to apply to QCAT for a review of the increase.
The Manufactured Homes (Residential Parks) Act 2003 (Qld) gives homeowners the right to apply to QCAT to object to any such increase, and the tribunal must consider an extensive array of factors before it determines if the increase is justifiable. Homeowners are strongly urged to seek prompt legal advice once they receive any notice from the park owner of any proposed increase in site rent.