So, this year I moved into a manufactured home in a caravan park that used to belong to my partner’s grandfather. The grandfather passed and used to have “tenure” on the home preventing the rental agreement and rates to be adjusted in anyway. We have since taken over that tenure and upheld the existing agreement as my partner is a blood relative. Partner’s mother and family own the home, we pay rent weekly for site expenses. There’s been an ongoing civil dispute where the park manager refused to buy the manufactured home initially and now is trying to intimidate us into leaving so he can acquire the house on vacant possession I guess. This week, he cut our electricity and water services. He went through mediation with a legal representative that has been working with our family (mediation went nowhere), and has been claiming that we had not upheld “Section 16 G” of the manufactured homes Act 2003. I read the legislation and cannot find anywhere that he can cut utilities for any reason. Does he have the right to cut utilities?
QLD Disconnect utilities
- Thread starter afost99
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If you look at section 17, one of the park owner‘s obligations is to ensure continuity of utilities to the site. There’s also nothing in the Act that I can see allowing or excusing a breach of this obligation. Cutting electricity and water is an extreme act in any case.
There are dispute mechanisms under the Act that you should follow.
If you are in breach of the obligation to keep the premises clean and tidy, I’d suggest getting that done to a reasonable standard. You’re likely to get a better response to any claim you have to make if you are not in breach of your obligations as well.
There are dispute mechanisms under the Act that you should follow.
If you are in breach of the obligation to keep the premises clean and tidy, I’d suggest getting that done to a reasonable standard. You’re likely to get a better response to any claim you have to make if you are not in breach of your obligations as well.
Thank you for your response.
The house has been standing for some 20 years, it does look somewhat outdated from the rest of the built homes, but we did make an effort to lay new turf and cut back the gardens and tidy out the junk kept out the back. I believe the owner is simply grasping at straws to find believable reasons to get us out. We hired a private inspector to evaluate the house and he said it was in a reasonably livable condition.
Our solicitors will send us notice if we can turn the power back on today hopefully.
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