Reviewing and varying rent under long‑stay agreement
29A Reviewing and varying rent under long‑stay agreement
A term of a long‑stay agreement that provides for rent to be reviewed and varied has no effect if —
the long‑stay agreement provides for review of the rent at —
for a site‑only agreement — intervals of less than 12 months; or
for an on‑site home agreement — intervals of less than 6 months;
or
the term does not, for each review to be carried out during the tenancy period, state —
the amount of rent; or
a single basis for calculating the amount of rent;
or
current market rent is the basis for calculating the amount of rent; or
the term provides the rent may not be reduced if the rent calculated using the basis for calculating the rent stated in the agreement is less than the rent paid before the review date.
Subsection (1)(a)(i) and (ii) do not prevent the term from specifying a day for carrying out the first review that is earlier than the intervals stated in those provisions after the beginning of the tenancy if —
it is the practice of the park operator to review the rent payable by long‑stay tenants in accordance with a set review date schedule; and
the long‑stay tenant was given written notice of the set review date schedule before the long‑stay agreement was entered into.
Subsection (1)(b) does not prevent the long‑stay agreement from specifying different bases for calculating the amount of rent for different review dates.
[Section 29A inserted: No. 28 of 2020 s. 27.]
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