Western Australian Current Acts Western Australian Current Acts (1) If a long-stay
agreement includes a term providing for reviewing and varying rent under
section 29A, a park operator may vary the amount of rent payable under the
agreement by giving a written notice to the long-stay tenant specifying
—
(a) the
amount of the varied rent; and
(b) the
day from which the varied rent becomes payable.
(2) The day specified
in the notice from which the varied rent becomes payable must be —
(a) at
least 60 days after the day on which the notice is given; and
(b) at
least —
(i)
for a site-only agreement — 12 months after the day
on which the tenancy period began; or
(ii)
for an on-site home agreement — 6 months after the
day on which the tenancy period began;
and
(c) if
the rent has previously been varied, at least —
(i)
for a site-only agreement — 12 months after the day
on which the rent was previously varied; or
(ii)
for an on-site home agreement — 6 months after the
day on which the rent was previously varied.
[(d) deleted]
(3) Subsection (2)(b)
does not apply in respect of the first notice given to a long-stay tenant
after the beginning of the tenancy period if —
(a) it
is the practice of the park operator to review the rent payable by long-stay
tenants in accordance with a set review date schedule; and
(b) the
long-stay tenant was given written notice of the set review date schedule
before the long-stay agreement was entered into.
(4) A notice of
varying rent that has been given in accordance with this section and has not
been withdrawn by the park operator varies the long-stay agreement to the
effect that the varied rent specified in the notice is payable under the
agreement from the day specified in the notice.
[(5) deleted]
[Section 30 amended: No. 28 of 2020 s. 28.]