Western Australian Current Acts Western Australian Current Acts (1) In this section
—
reasonable time means —
(a)
between 8 am and 6 pm on a weekday; or
(b)
between 9 am and 5 pm on a Saturday; or
(c) at
another time agreed between the park operator and each long-stay tenant.
(2) It is a term of a
long-stay agreement that the park operator may, in accordance with
section 32F(1) and (2), enter the agreed premises and any other premises
occupied by the long-stay tenant under the agreement, including any
relocatable home or other structure provided by the tenant —
(a) if
the tenant consents to the entry immediately before, or at the time of, the
entry; or
(b) in
an emergency.
(3) It is a term of a
long-stay agreement that the park operator may enter the agreed premises in
accordance with section 32F —
(a) to
meet the park operator’s obligations under this Act or another written
law, if the park operator —
(i)
enters at a reasonable time; and
(ii)
gives at least 24 hours’ written notice to the
long-stay tenant;
or
(b) to
inspect the premises or for any other purpose, if the park operator —
(i)
enters at a reasonable time; and
(ii)
gives the long-stay tenant written notice at least 7 and
not more than 14 days before the day the park operator intends to enter the
premises;
or
(c) to
carry out or inspect necessary repairs or maintenance, if the park operator
—
(i)
enters at a reasonable time; and
(ii)
gives at least 72 hours’ written notice to the
long-stay tenant before the park operator intends to enter the premises;
or
(d) to
show the agreed premises to prospective long-stay tenants, if the park
operator —
(i)
enters at a reasonable time and on a reasonable number of
occasions during the 21 days before the agreement ends; and
(ii)
gives the long-stay tenant reasonable written notice;
or
(e) to
show the agreed premises to prospective purchasers of the agreed premises, if
the park operator —
(i)
enters at a reasonable time and on a reasonable number of
occasions; and
(ii)
gives the long-stay tenant reasonable written notice;
or
(f) if
the long-stay agreement makes provision for the collection of the rent at the
agreed premises — to collect the rent once a week, at a reasonable time;
or
(g)
under section 44A; or
(h) for
the purpose of inspecting the agreed premises and assessing any damage after
the termination of a tenant’s interest under —
(i)
section 33(2A) or (2B); or
(ii)
section 74B.
(4) It is a term of
every long-stay agreement that the park operator may enter the agreed premises
under subsection (3)(h)(i) —
(a) not
more than 7 days after receiving notice of termination under section 45A(1) or
45B(4); and
(b) not
less than 3 days after giving notice to the long-stay tenant of the park
operator’s intention to enter the agreed premises.
(5) It is a term of
every long-stay agreement that the park operator may enter the agreed premises
under subsection (3)(h)(ii) —
(a) not
more than 10 days before the hearing of the application under section 74B; and
(b) not
less than 3 days after giving notice to each long-stay tenant of the park
operator’s intention to enter the agreed premises.
[Section 32E inserted: No. 28 of 2020 s. 30.]