Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a person is
proceeding before a court to recover possession of premises, the court shall
not make the order sought by that person unless it is
satisfied —
(a) as
to whether or not any person has possession of the premises, or any part of
the premises, as a tenant under a residential tenancy agreement or a former
tenant holding over after termination of such an agreement, not being the
immediate tenant or former tenant of that person; and
(b) that
any such tenant or former tenant has had reasonable notice of the proceedings.
(2) Where a person, by
application before a court, is proceeding for, or has recovered, possession of
premises, and, at the time of the proceedings or recovery, a person has or had
possession of the premises, or any part of the premises, as a tenant under an
agreement or a former tenant holding over after termination of an agreement,
not being the immediate tenant or former tenant of that
person —
(a) the
court before which any such proceedings are brought; or
(b)
where such proceedings have been completed, or are not by way of application
to a competent court, a competent court,
may, upon application
by the tenant or former tenant, make an order vesting a tenancy in him to be
held immediately of that person upon such terms and conditions as the court in
the circumstances of the case thinks fit.
(3) An application by
a tenant or former tenant under subsection (2) must be made within a
reasonable time after the tenant or former tenant has notice of the
proceedings for, or the recovery of, possession of the premises.
[Section 81 amended by No. 50 of 1988
s. 15; No. 59 of 2004 s. 121.]