CASE HISTORY: MARKET RENT REVIEW DISPUTE THROUGH QCAT
One of the issues homeowners frequently complain to the ARPQ about is the difficulty they have in negotiating their way through the dispute processes of QCAT. The paper that can be found by clicking here sets out the processes involved in a recent QCAT application initiated by an ARPQ committee member in relation to a disputed site rent increase following a market rent review[1]. It details the numerous steps involved from the initial application to the final determination by a QCAT Member.
The ARPQ are aware from feedback from members that many of them are often deterred from taking disputes to QCAT. At least in part this is because of the complexity and legalistic nature of the process as well as the length of time it can take to complete. It is our hope that our sharing of this case history does not lead to more members adopting this course of action, especially where they are being treated unfairly and unjustly by their park owners. We can assure you that assistance and guidance is available should you go down that track. As an organization we are doing all we can to make more help available to our members.
As well as trying to ensure our members are well informed on matters such as this, our main purpose in sharing this bulletin is that we believe that this story and others like it demonstrate strongly how inappropriate the current QCAT system is for determining a quite straight forward dispute.
It is the view of ARPQ that there is a need for a much better system such as a separate tribunal set up to manage disputes arising from the Manufactured Homes Act.
As an Association we are very active in advocating this idea with both the government and opposition as well as senior officials in the Department of Housing. Homeowners and Home Owners Committees (HOCs) can assist by making their local State Member of Parliament aware of the issues by onforwarding the bulletin with a request for their support and assistance in establishing a more reasonable dispute resolution procedure.
The ARPQ urges as many members and HOCs as possible to take this sort of action.
ARPQ Committee – January 2022
[1] As a footnote we can advise that the QCAT decision in this case resulted in a reduction of site rent by $11.50 per week.
