The site fees, which are listed in the site agreement and payable on a regular basis such as weekly or fortnightly. You may be eligible to receive some rental assistance from Centrelink depending on your circumstances.
The site fees, which are listed in the site agreement and payable on a regular basis such as weekly or fortnightly. You may be eligible to receive some rental assistance from Centrelink depending on your circumstances.
Keep in mind that site fees will increase as time goes by. However, there are rules and procedures set by legislation regarding how and when any increases may be introduced.
Rent in a residential park is set by the park owner. It’s determined by market forces, location, facilities, establishment costs, park size, mortgage payments, local government rates and charges, wages and other operating costs. You may wish to talk to Centrelink to determine if you’ll be eligible for Commonwealth Rent Assistance and whether your pension eligibility will be affected.
Rent can increase over time. The park owner must follow specific processes if changing the amount of your rent.
Paying your rent
You can pay your rent by:
cash
cheque
deposit to a financial institution account nominated by the park owner
credit card
EFTPOS
deduction from pay, pension or other benefit
another method agreed on between the parties.
Your site agreement will state the payment methods available to you. Once you sign this agreement you must use the payment method the contract details. You can ask for the certain method of payment you prefer, but they may not agree to the change.
The park owner must give you a rent receipt if you pay by cash and if you request one when paying by cheque.
If you make electronic payments, the park owner must give you a site rent record within 7 days of requesting one.
Increasing Site Rent
Your site agreement should detail your rent amount and the method of increasing the rent.
A park owner can only increase your rent if:
- you agree to a ‘market review of the site rent’
- this type of increase is provided for in your site agreement
- the park owner applies to the Queensland Civil and Administrative Tribunal (QCAT) for an order increasing your site rent outside the terms of your site agreement if the increase is needed to cover significant increases in operational costs, unforeseen significant repair costs and significant facility upgrades.
A ‘market review of the site rent’ includes comparing your rent with rent paid in other residential parks, or in other residential accommodation with similar features through a process that the park owner nominates e.g. appointment of a valuer.
A park owner may, without the consent of the seller or buyer, include a market review clause into an existing site agreement if and when the current home owner sells their home.
A park owner must not threaten, intimidate or pressure you into agreeing to a proposed increase in site rent. They also must not try and prevent you from making an application to QCAT seeking a review of the site rent.
Increases As Agreed To In Your Site Agreement
If the park owner wishes to increase your rent as stated in your site agreement, they must notify you in writing at least 28 days before the increase is due.
Be aware that if you or other home owners object to this increase through QCAT, you still have to pay the increase from 28 days after the notice is given until QCAT rules that the increase, or the size of it, is invalid.
The notice should state:
- the proposed increase amount
- the proposed date you are to start paying the increase
- how they calculated the increase
- the procedure you may follow if you think the increase is too much, including how to apply to QCAT for an order.
Increases Outside The Terms Of A Site Agreement
If the park owner wishes to increase your rent outside the site agreement terms, they must notify you in writing at least 2 months before the proposed increase date.
That you must respond in writing within 28 days of receiving the notice indicating that you agree or disagree with the proposed increase.
If you do not agree to the proposed increase or do not respond, the park owner can apply to QCAT for an order about the proposed increase. QCAT may reduce, set aside or confirm the proposed increase, or make other orders.
Decreasing Site Rent
You can apply to QCAT seeking a reduction in your rent when:
- the quality of the residential park’s common areas and communal facilities have decreased substantially
- the park owner removes a shared (communal) facility or service that they provided when your site agreement started
- a shared (communal) facility or service as described in advertising, or in another document made available to you before you entered the site agreement, has not been provided in the residential park.
A park owner may reduce your rent if:
A utility charge included in the rent becomes separately metered and you have to pay separately for the use of the utility or a utility stops being available to you through no fault of your own.
