Noelene Clements v ZW2 Pty Ltd t/as Lake Munmorah Residential Resort [2015] NSWCATCD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Noelene Clements v ZW2 Pty Ltd t/as Lake Munmorah Residential Resort [2015] NSWCATCD 37 Hearing dates: 10 March 2015 Decision date: 02 April 2015 Jurisdiction: Consumer and Commercial Division Before: P Hunter, General Member Decision: The application is dismissed Catchwords: RESIDENTIAL PARK – rent increase Legislation Cited: Residential Parks Act 1998 Category: Principal judgment Parties: Noelene Clements (applicant) ZW2 Pty Ltd t/as Lake Munmorah Residential Resort (respondent) Representation: Ronald Squires(applicant)

Belinda Lees(respondent) File Number(s): RP 15/01307 Publication restriction: Unrestricted

reasons for decision

Procedural History 1. This application was filed on 10 January 2015. The proceedings were commenced in the name of Mr Ronald Squires. Mr Squires was an occupant under the residential site agreement between the respondent and Ms Noelene Clement. Without objection from the respondent the application was amended to name Ms Noelene Clement as the applicant. 2. In the application an order had been sought that a proposed rent increase, notified by letter dated 11 December 2014, of $12.19 was excessive, and that any increase should only be a CPI increase of not more than $3.71. 3. The matter first came before this Tribunal on 28 January 2015. Directions were made for the parties to lodge documents and the matter was set for hearing.

Issues 1. The statutory provisions relevant to this application are found in the Residential Parks Act 1998 (the Act). 2. Under s 55 of the Act, a resident may apply to the Tribunal for an order that a rent increase was excessive not later than 30 days after being given notice of the rent increase. 3. The notice was posted to the applicant on 11 December 2014 and the Tribunal is satisfied that it has been brought within time. 4. Section 57 of the Act sets out the matters to be considered by the Tribunal in determining rent applications, which includes the following factors; 1. the general market level of rents for comparable premises in the same residential park and in other residential parks in the locality or a similar locality, 2. the value of the residential premises, 3. the frequency and amount of past rent increases under the residential tenancy agreement or previous residential tenancy agreements between the same park owner and resident, 4. a general price index (such as the Consumer Price Index), 5. the conduct of the parties, 6. the amount of any outgoings in respect of the residential premises required to be borne by the park owner under the residential tenancy agreement or proposed agreement, 7. the estimated cost of any services provided by the park owner or the resident under the residential tenancy agreement or proposed agreement, 8. the value and nature of any fittings, appliances or other goods, services or facilities provided with the residential premises, 9. the accommodation and amenities provided in the residential premises and the state of repair and general condition of the premises, 10. any work done to the premises by or on behalf of the resident, to which the park owner has consented, 11. any other relevant matter. 1. The Tribunal thus proceeded to consider each of the factors under s 57.