Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 6.60

6.60 .         Local government may require lessee to pay rent

        (1)         In this section —

        lease includes an agreement whether made orally or in writing for the leasing or subleasing of land and includes a licence or arrangement for the use of land;

        lessor and lessee mean the parties to a lease and their respective successors in title.

        (2)         If payment of a rate or service charge imposed in respect of any land is due and payable, notice may be given to the lessee of the land requiring the lessee to pay to the local government any rent as it falls due in satisfaction of the rate or service charge.

        (3)         The local government is to give to the lessor a copy of the notice with an endorsement that the original of it has been given to the lessee.

        (4)         The local government may recover the amount of the rate or service charge as a debt from the lessee if rent is not paid in accordance with the notice.

        (5)         Where an amount is paid under this section to the local government —

            (a)         the payment discharges the payer from any liability to any person to pay that amount as rent; and

            (b)         where as between a lessor and lessee the lessor is liable to pay the rate or service charge, the amount paid may be set off by the lessee against the rent payable to the lessor; and

            (c)         if the amount exceeds the rent due, or if there is no rent due, the amount may be set off by the lessee against accruing rent, or the balance recovered from the lessor in a court of competent jurisdiction.

        (6)         To the extent that an agreement purports to preclude a lessee from setting off or recovering payments made to a local government under this section, the agreement is of no effect.



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