RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006

Western Australian Consolidated Acts

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RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary matters

1. Short title
2. Commencement
3. Glossary of terms used in this Act
4. Crown bound
5. Meaning of “long-stay agreement”
6. Application of Act to long-stay agreements
7. Application of Act to periodic long-stay agreements
8. Operation of this Act in relation to other written laws
9. Contracting out

PART 2 -- Long-stay agreement

Division 1 -- General matters

10. Form of long-stay agreements
11. Information for prospective long-stay tenants
12. Restrictions on charges payable by long-stay tenants
13. Restriction on letting fees payable to real estate agent
14. Cost of preparing long-stay agreement
15. Disclosure of park operator’s particulars to tenant
16. Disclosure of tenant’s particulars to park operator
17. Tenant’s copy of long-stay agreement
18. Cooling off period
19. Recovery of amounts paid under a mistake of law or fact
20. Children living on agreed premises

Division 2 -- Security bonds

21. Security bonds
22. Payment of bond to bond administrator or trust account
23. Keeping security bond records
24. Increase in security bond

Division 3 -- Rent

25. Rent in advance
26. Written receipts for rent
27. Requiring post-dated cheques prohibited
28. Rent records kept by park operator
29. Apportionment of rent
30. Variation of rent under on-site home agreement
31. Variation of rent on the basis of current market rent

Division 4 -- Terms of long-stay agreements

32. Terms of long-stay agreements -- Schedule 1

PART 3 -- Termination of long-stay agreements

Division 1 -- Termination of agreements generally

33. How long-stay agreements are terminated
34. Terms of continued long-stay agreement
35. Withholding rent in anticipation of release of security bond
36. Failure to give vacant possession at end of fixed term
37. Form of default notice
38. Form of notice of termination

Division 2 -- Notice of termination by park operator

39. Termination by park operator for non-payment of rent
40. Termination by park operator for other breaches
41. Termination if vacant possession required on sale of park
42. Termination by park operator without grounds
43. Notice not waived by acceptance of rent

Division 3 -- Notice of termination by tenant

44. Termination by tenant without grounds

Division 4 -- Notice of termination by park operator or tenant -- agreement frustrated

45. Termination if agreement frustrated

Division 5 -- Compensation

46. When long-stay tenant is entitled to compensation
47. When is a park operator entitled to compensation

Division 6 -- Abandoned goods

48. Disposing of goods abandoned by tenant
49. Tenant’s right to reclaim abandoned goods put into storage
50. Title acquired by purchaser of abandoned goods
51. Park operator’s liability for abandoned goods
52. Disposition of proceeds of sale of abandoned goods

Division 7 -- Miscellaneous provisions

53. Duty of mitigation following breach of agreement
54. No recovery of vacant possession during tenancy period

PART 4 -- Other matters related to residential parks

Division 1 -- Sale of relocatable homes on site

55. Long-stay tenant’s right to sell relocatable home on site
56. Park operator’s obligations
57. When park operator acts as agent in sale on site
58. Park operator’s authority to act as selling agent

Division 2 -- Park liaison committees

59. Establishment of park liaison committee
60. Constitution of park liaison committee
61. Functions of a park liaison committee

PART 5 -- State Administrative Tribunal powers

Division 1 -- General provisions

62. Breaches of agreement and other disputes
63. Orders for reduction of rent
64. Orders when premises abandoned by tenant
65. Determination of compensation payable to long-stay tenant

Division 2 -- Orders relating to vacant possession

66. Orders for vacant possession if rent not paid
67. Orders for vacant possession at end of fixed term
68. Orders for vacant possession on other grounds
69. Orders for compensation to park operator for holding over
70. Tenant’s protection against holder of superior title

Division 3 -- Orders relating to termination of agreements

71. Orders to terminate agreement if tenant is causing damage or injury
72. Orders to terminate agreement for breach by park operator
73. Termination on grounds of hardship to park operator
74. Tribunal’s power during fair rent proceedings

Division 4 -- Orders relating to abandoned goods

75. Disposing of proceeds of sale of abandoned goods
76. Park operator’s claim if sale proceeds insufficient
77. Recovery by owner of value of goods sold

Division 5 -- Miscellaneous provisions

78. Meaning of “original party” in this Division
79. Proceedings instituted or defended by Commissioner
80. Evidence in proceedings undertaken by Commissioner
81. Conduct of legal proceedings by Commissioner
82. Orders exempting persons from the operation of this Act
83. Payment of costs and other amounts

PART 6 -- Other matters

84. Commissioner
85. The Commissioner’s functions
86. Delegation by Commissioner
87. Information officially obtained to be confidential
88. Protection from liability for wrongdoing
89. Judicial notice
90. Time for commencement of offence proceedings
91. Service of documents
92. Terms on which ADI holds security bond amounts
93. Information from ADI about tenancy bond accounts
94. Responsibilities of bond administrator
95. Regulations
96. Review of the Act
97. Transitional provisions
98. Consequential amendments
SCHEDULE 1 -- Terms of long-stay agreements
SCHEDULE 2 -- Consequential amendments
Compilation table

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