RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006

Western Australian Current 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. Terms used
4. Crown bound
5. Long-stay agreements
5A. Reasonable grounds for suspecting abandonment of premises
5B. Residential parks
6. Application of Act to long-stay agreements
8. Operation of this Act in relation to other written laws
9. Contracting out
9A. Exemption from provision of Act by regulations

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
10A. Prescribed standard-form agreement
10B. Particular terms in long-stay agreements

Division 1A -- General matters

10C. Long-stay agreement binds park operator’s successors in title
11. Information for prospective long-stay tenants
12. Restrictions on amounts park operators may charge
13. Real estate agents prohibited from charging fees, charges or rewards for particular services
13A. Restriction on voluntary sharing arrangements
14. Cost of preparing long-stay agreement
15. Disclosure of park operator’s particulars to long-stay 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. Age-restricted residential parks
20A. Park operator’s continuing disclosure obligations about material changes in relation to residential parks

Division 2 -- Security bonds

21. Security bonds
22. Payment of bond to bond administrator
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
29A. Reviewing and varying rent under long-stay agreement
30. Process for varying rent under long-stay agreement
31. Increasing rent due to significant cost increases
31A. Accelerated rent and liquidated damages prohibited
31B. Application of benefits and rent reductions for not breaching agreement

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
32A. Park operator to pay long-stay tenant compensation because of relocation

Division 5 -- Standard terms

Subdivision 1 -- Occupation of premises

32B. Vacant possession
32C. No legal impediment to lawful enjoyment

Subdivision 2 -- Agreed and shared premises

32D. Quiet enjoyment
32E. Park operator’s right of entry
32F. Conditions of park operator’s entry under s. 32E
32G. Long-stay tenant’s conduct on premises
32H. Locks and security
32I. Removing fixtures and altering premises

Subdivision 3 -- Cleanliness, damage and repair

32J. Long-stay tenant’s responsibility for cleanliness and repair
32K. Long-stay tenant’s responsibility for damage
32L. Park operator’s responsibility for cleanliness and repairs
32M. Urgent repairs

Subdivision 4 -- Particular financial matters

32N. Levies, rates, taxes and charges to be paid by park operator

Subdivision 5 -- Miscellaneous provisions

32O. Assigning rights and obligations under long-stay agreement or sub-letting agreed premises
32P. Long-stay tenant’s vicarious responsibility for breach of agreement

PART 3 -- Termination of long-stay agreements

Division 1 -- Termination of agreements generally

32Q. Long-stay agreement may be terminated only under Act
32R. Notice of intention before end of fixed term long-stay agreement
33. How long-stay agreements and tenant’s interests in agreements are terminated
34. Terms of continued long-stay agreement
35. Withholding rent in anticipation of release of security bond
35A. Fixed term long-stay agreement does not become periodic tenancy at end of term
36. Failure to give vacant possession at end of fixed term
37. Form of default notice
38. Form of notice of termination

Division 2 -- Grounds for 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
41A. Termination because park to be used for different purpose
41B. Termination because vacant possession is required for works
41C. Termination because long-stay site is intended to be used for other purpose
41D. Requirements of notice of termination under s. 41A to 41C
42. Termination of on-site home agreements 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 3A -- Agreed premises abandoned

44A. Park operator’s right of entry in relation to abandonment
44B. Termination if agreed premises abandoned

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

45. Termination if agreement frustrated

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
45B. Rights of co-tenants after notice under s. 45A
45C. Review of Division

Division 5 -- Compensation

46. When long-stay tenant is entitled to compensation as a result of termination of agreement
47. When park operator is entitled to compensation

Division 6 -- Abandoned goods

47A. Application of Division
48. Disposing of goods abandoned by long-stay tenant
49. 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 6A -- Abandoned tenant’s documents

52A. Dealing with abandoned tenant’s documents

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 1A -- Park rules

54A. Park operator may make park rules
54B. Regulations may provide for matters in park rules
54C. Making and altering park rules
54D. Compliance, application and enforcement of park rules

Division 1 -- Sale of relocatable homes on site

55. Long-stay tenant’s right to sell relocatable home on site
55A. Information to be given to purchaser of relocatable home on site
56. Park operator’s obligations
57. Long-stay tenant may appoint selling agent
57A. Selling agent’s commission and incidental expenses
57B. Park operator not required to be licensed to act as selling agent
57C. Trust accounts for selling agents
57D. Park operator’s recovery of reasonable expenses for sale of relocatable home
58. Sale of relocatable home at agreed premises conditional on assignment of rights and obligations under, or entry into, long-stay agreement
58A. Discrimination against tenants subjected or exposed to family violence

Division 2 -- Park liaison committees

59. Establishment of park liaison committee
60. Constitution of park liaison committee
61. Functions of park liaison committee
61A. Other long-stay tenant committees

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.
62A. Breaches of agreement and other disputes
62B. Matters State Administrative Tribunal may consider
62C. Directions and orders
62D. Orders in relation to park operator’s representations
63. Orders for reduction of rent
63A. Determination of proposed rental increase under s.
63B. Disputes about park rules
63C. Recognising persons as long-stay tenants
64. Orders requiring works after failure to comply with responsibility for cleanliness and repair under s. 32L
64A. Orders if potential buyer not given purchase disclosure notice
64B. Determination of compensation payable to long-stay tenant because of relocation under s. 32A
64C. Orders in relation to site-only agreement if long-stay tenants die and removal or sale of relocatable home is obstructed
65. Determination of compensation payable to long-stay tenant for termination under s.

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. Long-stay tenant’s protection against holder of superior title

Division 2A -- Orders relating to abandoned premises

70A. Disputing s. 44B notice
70B. Orders to terminate agreement because agreed premises abandoned

Division 3 -- Orders relating to termination of agreements

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

Division 3A -- Orders relating to termination of tenant’s interest on grounds of family violence

74A. Review of notice of termination under s. 45A
74B. Termination of tenant’s interest by SAT on grounds of family violence
74C. Determination of rights and liabilities after termination of tenant’s interest on grounds of family violence
74D. Review of Division

Division 4 -- Orders relating to abandoned goods

75. Disposing of proceeds of sale of abandoned goods
76. Park operator’s claim for costs in relation to abandoned goods and tenant’s documents
77. Recovery by owner of value of goods sold

Division 5 -- Miscellaneous provisions

78. Term used: original party
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 operation of Act
83. Payment of costs and other amounts
83A. State Administrative Tribunal may refer matter to Commissioner for investigation

PART 6 -- Other matters

84. Commissioner
85. Commissioner’s functions
86. Delegation by Commissioner
87. Information officially obtained to be confidential
88. Protection from liability for wrongdoing
88A. Long-stay agreements are excluded matters for Corporations Act 2001 (Commonwealth) s. 5F
89. Judicial notice
90. Time for commencement of offence proceedings
90A. Infringement notices and Criminal Procedure Act 2004
91. Service of documents
94. Responsibilities of bond administrator
94A. Cross-examination of persons in proceedings involving family violence
95. Regulations
96. Review of Act

PART 7 -- Transitional and savings provisions

Division 1 -- Transitional provisions -- Residential Parks (Long-stay Tenants) Act 2006

97. Transitional provisions

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

Division 3 -- Transitional and savings provisions -- Residential Parks (Long-stay Tenants) Amendment Act 2020

Subdivision 1 -- Preliminary

99. Terms used

Subdivision 2 -- Bonds

100. Return of key bond to long-stay tenant
101. Amounts paid into tenancy bond account to be transferred to bond administrator
102. Requirements for holding security bond amounts
103. Information from authorised deposit-taking institution about tenancy bond accounts
104. Offences relating to s.

Subdivision 3 -- Other transitional provisions

105. Pre-commencement long-stay agreement provides for cost of preparing long-stay agreement
106. Variation of rent on the basis of market rent
107. Variation of rent under on-site home agreements entered into before commencement day
108. Application of former s. 32 to pre-commencement long-stay agreements
109. Taking possession of agreed premises under mortgage entered into before commencement day
110. Former s. 41 continues to apply to pre-commencement long-stay agreements
111. Site-only agreements entered into before commencement day cannot be terminated without grounds
112. Park rules made by park liaison committee before commencement day taken to be made by park operator
113. Former s. 55 continues to apply to pre-commencement long-stay agreements
114. Written selling agent agreement under former s. 57 continues to apply on and after commencement day
115. Validation of voluntary sharing arrangements entered into before commencement day
116. Transitional regulations

Division 4 -- Validation provision for Residential Tenancies Amendment Act 2024

117. Validation of r. 13A and
Uncommenced provisions table
Defined terms

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