Residential Parks (Long-stay Tenants) Act 2006

If a long‑stay agreement includes a term providing for reviewing and varying rent under section 29A, a park operator may vary the amount of rent payable under the agreement by giving a written notice to the long‑stay tenant specifying —

the amount of the varied rent; and

the day from which the varied rent becomes payable.

The day specified in the notice from which the varied rent becomes payable must be —

at least 60 days after the day on which the notice is given; and

at least —

for a site‑only agreement — 12 months after the day on which the tenancy period began; or

for an on‑site home agreement — 6 months after the day on which the tenancy period began;

if the rent has previously been varied, at least —

for a site‑only agreement — 12 months after the day on which the rent was previously varied; or

for an on‑site home agreement — 6 months after the day on which the rent was previously varied.

Subsection (2)(b) does not apply in respect of the first notice given to a long‑stay tenant after the beginning of the tenancy period 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.

A notice of varying rent that has been given in accordance with this section and has not been withdrawn by the park operator varies the long‑stay agreement to the effect that the varied rent specified in the notice is payable under the agreement from the day specified in the notice.