Residential Parks (Long-stay Tenants) Act 2006 (WA)

Western Australia Residential Parks (Long-stay Tenants) Act 2006 Western Australia Residential Parks (Long-stay Tenants) Act 2006 Contents Part 1 — Preliminary matters 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Crown bound 1 5. Long‑stay agreements 1 5A. Reasonable grounds for suspecting abandonment of premises 1 5B. Residential parks 1 6. Application of Act to long‑stay agreements 1 8. Operation of this Act in relation to other written laws 1 9. Contracting out 1 9A. Exemption from provision of Act by regulations 1 Part 2 — Long‑stay agreements and conduct of long‑stay tenants and park operators Division 1 — Form of long‑stay agreements 10. Requirements for long‑stay agreements 1 10A. Prescribed standard‑form agreement 1 10B. Particular terms in long‑stay agreements 1 Division 1A — General matters 10C. Long‑stay agreement binds park operator's successors in title 1 11. Information for prospective long‑stay tenants 1 12. Restrictions on amounts park operators may charge 1 13. Real estate agents prohibited from charging fees, charges or rewards for particular services 1 13A. Restriction on voluntary sharing arrangements 1 14. Cost of preparing long‑stay agreement 1 15. Disclosure of park operator's particulars to long‑stay tenant 1 16. Disclosure of tenant's particulars to park operator 1 17. Tenant's copy of long‑stay agreement 1 18. Cooling off period 1 19. Recovery of amounts paid under a mistake of law or fact 1 20. Age‑restricted residential parks 1 20A. Park operator's continuing disclosure obligations about material changes in relation to residential parks 1 Division 2 — Security bonds 21. Security bonds 1 22. Payment of bond to bond administrator 1 24. Increase in security bond 1 Division 3 — Rent 25. Rent in advance 1 26. Written receipts for rent 1 27. Requiring post‑dated cheques prohibited 1 28. Rent records kept by park operator 1 29. Apportionment of rent 1 29A. Reviewing and varying rent under long‑stay agreement 1 30. Process for varying rent under long‑stay agreement 1 31. Increasing rent due to significant cost increases 1 31A. Accelerated rent and liquidated damages prohibited 1 31B. Application of benefits and rent reductions for not breaching agreement 1 Division 4 — Relocating long‑stay tenants to another site in residential park 32. Long‑stay agreement may include term requiring long‑stay tenant to relocate to comparable site 1 32A. Park operator to pay long‑stay tenant compensation because of relocation 1 Division 5 — Standard terms Subdivision 1 — Occupation of premises 32B. Vacant possession 1 32C. No legal impediment to lawful enjoyment 1 Subdivision 2 — Agreed and shared premises 32D. Quiet enjoyment 1 32E. Park operator's right of entry 1 32F. Conditions of park operator's entry under s. 32E 1 32G. Long‑stay tenant's conduct on premises 1 32H. Locks and security 1 32I. Removing fixtures and altering premises 1 Subdivision 3 — Cleanliness, damage and repair 32J. Long‑stay tenant's responsibility for cleanliness and repair 1 32K. Long‑stay tenant's responsibility for damage 1 32L. Park operator's responsibility for cleanliness and repairs 1 32M. Urgent repairs 1 Subdivision 4 — Particular financial matters 32N. Levies, rates, taxes and charges to be paid by park operator 1 Subdivision 5 — Miscellaneous provisions 32O. Assigning rights and obligations under long‑stay agreement or sub‑letting agreed premises 1 32P. Long‑stay tenant's vicarious responsibility for breach of agreement 1 Part 3 — Termination of long‑stay agreements Division 1 — Termination of agreements generally 32Q. Long‑stay agreement may be terminated only under Act 1 32R. Notice of intention before end of fixed term long‑stay agreement 1 33. How long‑stay agreements and tenant's interests in agreements are terminated 1 34. Terms of continued long‑stay agreement 1 35. Withholding rent in anticipation of release of security bond 1 35A. Fixed term long‑stay agreement does not become periodic tenancy at end of term 1 36. Failure to give vacant possession at end of fixed term 1 37. Form of default notice 1 38. Form of notice of termination 1 Division 2 — Grounds for notice of termination by park operator 39. Termination by park operator for non‑payment of rent 1 40. Termination by park operator for other breaches 1 41. Termination if vacant possession required on sale of park 1 41A. Termination because park to be used for different purpose 1 41B. Termination because vacant possession is required for works 1 41C. Termination because long‑stay site is intended to be used for other purpose 1 41D. Requirements of notice of termination under s. 41A to 41C 1 42. Termination of on‑site home agreements by park operator without grounds 1 43. Notice not waived by acceptance of rent 1 Division 3 — Notice of termination by tenant 44. Termination by tenant without grounds 1 Division 3A — Agreed premises abandoned 44A. Park operator's right of entry in relation to abandonment 1 44B. Termination if agreed premises abandoned 1 Division 4 — Notice of termination by park operator or tenant — agreement frustrated 45. Termination if agreement frustrated 1 Division 4A — Special provisions about termination of tenant's interest on grounds of family violence 45A. Notice of termination of tenant's interest on ground that tenant subject to family violence 1 45B. Rights of co‑tenants after notice under s. 45A 1 45C. Review of Division 1 Division 5 — Compensation 46. When long‑stay tenant is entitled to compensation as a result of termination of agreement 1 47. When park operator is entitled to compensation 1 Division 6 — Abandoned goods 47A. Application of Division 1 48. Disposing of goods abandoned by long‑stay tenant 1 49. Right to reclaim abandoned goods put into storage 1 50. Title acquired by purchaser of abandoned goods 1 51. Park operator's liability for abandoned goods 1 52. Disposition of proceeds of sale of abandoned goods 1 Division 6A — Abandoned tenant's documents 52A. Dealing with abandoned tenant's documents 1 Division 7 — Miscellaneous provisions 53. Duty of mitigation following breach of agreement 1 54. No recovery of vacant possession during tenancy period 1 Part 4 — Other matters related to residential parks Division 1A — Park rules 54A. Park operator may make park rules 1 54B. Regulations may provide for matters in park rules 1 54C. Making and altering park rules 1 54D. Compliance, application and enforcement of park rules 1 Division 1 — Sale of relocatable homes on site 55. Long‑stay tenant's right to sell relocatable home on site 1 55A. Information to be given to purchaser of relocatable home on site 1 56. Park operator's obligations 1 57. Long‑stay tenant may appoint selling agent 1 57A. Selling agent's commission and incidental expenses 1 57B. Park operator not required to be licensed to act as selling agent 1 57C. Trust accounts for selling agents 1 57D. Park operator's recovery of reasonable expenses for sale of relocatable home 1 58. Sale of relocatable home at agreed premises conditional on assignment of rights and obligations under, or entry into, long‑stay agreement 1 58A. Discrimination against tenants subjected or exposed to family violence 1 Division 2 — Park liaison committees 59. Establishment of park liaison committee 1 60. Constitution of park liaison committee 1 61. Functions of park liaison committee 1 61A. Other long‑stay tenant committees 1 Part 5 — State Administrative Tribunal powers Division 1 — General provisions 62. Orders if form of long‑stay agreement does not comply with Pt. 2 Div. 1 1 62A. Breaches of agreement and other disputes 1 62B. Matters State Administrative Tribunal may consider 1 62C. Directions and orders 1 62D. Orders in relation to park operator's representations 1 63. Orders for reduction of rent 1 63A. Determination of proposed rental increase under s. 31 1 63B. Disputes about park rules 1 63C. Recognising persons as long‑stay tenants 1 64. Orders requiring works after failure to comply with responsibility for cleanliness and repair under s. 32L 1 64A. Orders if potential buyer not given purchase disclosure notice 1 64B. Determination of compensation payable to long‑stay tenant because of relocation under s. 32A 1 64C. Orders in relation to site‑only agreement if long‑stay tenants die and removal or sale of relocatable home is obstructed 1 65. Determination of compensation payable to long‑stay tenant for termination under s. 46 1 Division 2 — Orders relating to vacant possession 66. Orders for vacant possession if rent not paid 1 67. Orders for vacant possession at end of fixed term 1 68. Orders for vacant possession on other grounds 1 69. Orders for compensation to park operator for holding over 1 70. Long‑stay tenant's protection against holder of superior title 1 Division 2A — Orders relating to abandoned premises 70A. Disputing s. 44B notice 1 70B. Orders to terminate agreement because agreed premises abandoned 1 Division 3 — Orders relating to termination of agreements 71. Orders to terminate agreement if tenant is causing damage or injury 1 71A. Orders to terminate agreement for repeated interference with quiet enjoyment or threats or abuse 1 72. Orders to terminate agreement for breach by park operator 1 73. Termination on grounds of hardship 1 74. Tribunal's power during fair rent proceedings 1 Division 3A — Orders relating to termination of tenant's interest on grounds of family violence 74A. Review of notice of termination under s. 45A 1 74B. Termination of tenant's interest by SAT on grounds of family violence 1 74C. Determination of rights and liabilities after termination of tenant's interest on grounds of family violence 1 74D. Review of Division 1 Division 4 — Orders relating to abandoned goods 75. Disposing of proceeds of sale of abandoned goods 1 76. Park operator's claim for costs in relation to abandoned goods and tenant's documents 1 77. Recovery by owner of value of goods sold 1 Division 5 — Miscellaneous provisions 78. Term used: original party 1 79. Proceedings instituted or defended by Commissioner 1 80. Evidence in proceedings undertaken by Commissioner 1 81. Conduct of legal proceedings by Commissioner 1 82. Orders exempting persons from operation of Act 1 83. Payment of costs and other amounts 1 83A. State Administrative Tribunal may refer matter to Commissioner for investigation 1 Part 6 — Other matters 84. Commissioner 1 85. Commissioner's functions 1 86. Delegation by Commissioner 1 87. Information officially obtained to be confidential 1 88. Protection from liability for wrongdoing 1 88A. Long‑stay agreements are excluded matters for Corporations Act 2001 (Commonwealth) s. 5F 1 89. Judicial notice 1 90. Time for commencement of offence proceedings 1 90A. Infringement notices and Criminal Procedure Act 2004 1 91. Service of documents 1 94. Responsibilities of bond administrator 1 94A. Cross‑examination of persons in proceedings involving family violence 1 95. Regulations 1 96. Review of Act 1 Part 7 — Transitional and savings provisions Division 1 — Transitional provisions — Residential Parks (Long‑stay Tenants) Act 2006 97. Transitional provisions 1 Division 2 — Transitional provisions about residential parks — Residential Parks (Long-stay Tenants) Amendment Act 2020 98. Places before commencement day taken to be residential parks and lifestyle villages 1 Division 3 — Transitional and savings provisions — Residential Parks (Long‑stay Tenants) Amendment Act 2020 Subdivision 1 — Preliminary 99. Terms used 1 Subdivision 2 — Bonds 100. Return of key bond to long‑stay tenant 1 101. Amounts paid into tenancy bond account to be transferred to bond administrator 1 102. Requirements for holding security bond amounts 1 103. Information from authorised deposit‑taking institution about tenancy bond accounts 1 104. Offences relating to s. 103 1 Subdivision 3 — Other transitional provisions 105. Pre‑commencement long‑stay agreement provides for cost of preparing long‑stay agreement 1 106. Variation of rent on the basis of market rent 1 107. Variation of rent under on‑site home agreements entered into before commencement day 1 108. Application of former s. 32 to pre‑commencement long‑stay agreements 1 109. Taking possession of agreed premises under mortgage entered into before commencement day 1 110. Former s. 41 continues to apply to pre‑commencement long‑stay agreements 1 111. Site-only agreements entered into before commencement day cannot be terminated without grounds 1 112. Park rules made by park liaison committee before commencement day taken to be made by park operator 1 113. Former s. 55 continues to apply to pre‑commencement long‑stay agreements 1 114. Written selling agent agreement under former s. 57 continues to apply on and after commencement day 1 115. Validation of voluntary sharing arrangements entered into before commencement day 1 116. Transitional regulations 1 Division 4 — Validation provision for Residential Tenancies Amendment Act 2024 117. Validation of r. 13A and 22 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Residential Parks (Long-stay Tenants) Act 2006 An Act to regulate the relationship between the operators of residential parks and tenants who live in such parks for extended periods, to consequentially amend certain other Acts, and for related purposes.