Western Australian Current Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 13A

13A .         Restriction on voluntary sharing arrangements

        (1)         In this section —

        rent-only agreement means a long-stay agreement that —

            (a)         does not include a voluntary sharing arrangement; and

            (b)         charges rent that is not greater than the higher of —

                  (i)         the amount the long-stay tenant currently occupying the site is paying; or

                  (ii)         the rent payable by a long-stay tenant for a site of a similar size and location in the same residential park.

        (2)         A term of a long-stay agreement that includes a voluntary sharing arrangement has no effect unless —

            (a)         the long-stay agreement that contains the voluntary sharing arrangement is entered into in accordance with this section; and

            (b)         the park operator gives, in the prescribed manner, to the person who intends to enter into the agreement a document that —

                  (i)         is in the approved form; and

                  (ii)         states how the voluntary sharing arrangement is to operate in relation to the person, including by providing examples of how the arrangement would apply to the person.

        (3)         The voluntary sharing arrangement may be —

            (a)         entered into only when the parties initially agree to a long-stay agreement; and

            (b)         varied during the life of a long-stay agreement only with the consent of the parties to the agreement.

        (4)         Subsection (5) —

            (a)         applies if a park operator intends to enter into a long-stay agreement that includes a voluntary sharing arrangement with —

                  (i)         a person who is buying an on-site home from a person other than the park operator or a close associate of the park operator; or

                  (ii)         a current or former long-stay tenant, and the agreement is 1 of 2 or more consecutive long-stay agreements between the same parties conferring a right to occupy the same or similar site or other park premises;

                but

            (b)         does not apply if —

                  (i)         all long-stay agreements entered into between the park operator and each long-stay tenant of the residential park include a voluntary sharing arrangement; and

                  (ii)         the park operator does not offer to enter into rent-only agreements.

        (5)         The park operator must give the person or long-stay tenant an option to enter into a rent-only agreement as well as a long-stay agreement that includes a voluntary sharing arrangement.

        [Section 13A inserted: No. 28 of 2020 s. 16.]