Western Australian Current Acts Western Australian Current Acts (1) In this section
—
disability means a disability —
(a)
which is attributable to an intellectual, psychiatric, cognitive,
neurological, sensory, or physical impairment or a combination of those
impairments; and
(b)
which is permanent or likely to be permanent; and
(c)
which may or may not be of a chronic or episodic nature; and
(d)
which results in a substantially reduced capacity of the person for
communication, social interaction, learning or mobility.
(2) Subject to
subsection (3) and except as provided in subsection (8), a long-stay agreement
may provide that affixing a fixture or making a renovation, alteration or
addition to the agreed premises —
(a) is
prohibited; or
(b) is
not prohibited if the long-stay tenant obtains the park operator’s
consent when, or immediately before, the tenant affixes the fixture or makes
the renovation, alteration or addition.
(3) It is a term of an
on-site home agreement that —
(a) a
long-stay tenant may affix either or both of the following items to a wall of
the on-site home the subject of the agreement for the purpose of ensuring the
safety of a child or a person with a disability, but only with the park
operator’s consent —
(i)
furniture;
(ii)
a thing to affix the furniture to the wall;
and
(b) the
park operator may only refuse consent —
(i)
if affixing the item to the wall would disturb material
containing asbestos; or
(ii)
for a prescribed reason;
and
(c)
unless the park operator agrees otherwise in writing, the tenant must remove
the item from the wall when the tenant vacates the on-site home and either
—
(i)
restore the wall to its original condition; or
(ii)
compensate the park operator for any reasonable expenses
incurred by the park operator in doing that restoration;
and
(d) the
cost of affixing the item to the wall, removing it and restoring the wall to
its original condition, must be borne by the tenant; and
(e) if
the tenant causes damage to the on-site home when affixing or removing the
item or restoring the wall to its original condition —
(i)
the tenant must notify the park operator in writing that
damage has been caused to the on-site home; and
(ii)
the park operator may require the tenant to repair the
damage and restore the on-site home to its original condition or compensate
the park operator for the reasonable expenses incurred in doing the repair and
restoration.
(4) The park operator
is taken to have consented to affixing the furniture or thing to the wall of
the on-site home under subsection (3)(a) if, and only if —
(a) the
long-stay tenant has given the park operator a request, in the approved form,
seeking the park operator’s consent to affix the item to the wall; and
(b) the
park operator has not refused consent under subsection (3)(b) within 14 days
after the day on which the park operator receives the request.
(5) Except as provided
in subsection (8), a site-only agreement may provide that affixing a fixture
or making a renovation, alteration or addition to the exterior of the
relocatable home on the site or to the exterior of any other structure —
(a) is
or is not prohibited; or
(b) is
not prohibited if the long-stay tenant obtains the park operator’s
consent at the time when, or immediately before, the tenant affixes the
fixture or makes the renovation, alteration or addition.
(6) If a long-stay
agreement includes the provision described in subsection (2)(b) or (5)(b), it
is a term of the agreement that —
(a) the
park operator must not unreasonably withhold consent; and
(b) at
any time while the long-stay tenant’s right to occupy the agreed
premises continues, the tenant may remove any fixture that the tenant has,
with the park operator’s consent, affixed to the premises, unless the
removal of the fixture would cause irreparable damage to the agreed premises;
and
(c) if
the long-stay tenant’s removal of a fixture causes damage to the agreed
premises, the tenant must notify the park operator and, at the option of the
park operator, repair the damage or compensate the park operator for any
reasonable expenses incurred by the park operator in repairing the damage.
(7) It is a term of a
long-stay agreement that —
(a) the
park operator may affix any fixture or make any renovation, alteration or
addition to the agreed premises, but only with the long-stay tenant’s
consent given when, or immediately before, the park operator affixes the
fixture or makes the renovation, alteration or addition; and
(b) the
long-stay tenant must not unreasonably withhold such consent.
(8) It is a term of
every long-stay agreement that a long-stay tenant may affix any prescribed
fixture, or make any prescribed renovation, alteration or addition to the
agreed premises (the prescribed alterations ), necessary to prevent entry onto
the agreed premises of a person —
(a) if
the person is an excluded tenant whose interest in a long-stay agreement has
been terminated under section 74B; or
(b) in
any event, if it is necessary to prevent the commission of family violence
that the tenant suspects, on reasonable grounds, is likely to be committed by
the person against the tenant or a dependant of the tenant.
(9) For the purposes
of subsection (8) —
(a) the
cost of making the prescribed alterations must be borne by the long-stay
tenant; and
(b) the
long-stay tenant must give written notice to the park operator of the
tenant’s intention to make the prescribed alterations; and
(c) work
on the prescribed alterations must be undertaken by a qualified tradesperson,
a copy of whose invoice the long-stay tenant must provide to the park operator
within 14 days of the alterations being completed; and
(d) the
prescribed alterations must be effected having regard to the age and character
of the property and any applicable strata company by-laws; and
(e) the
long-stay tenant must restore the agreed premises to their original condition
at the end of the long-stay agreement if the park operator requires the tenant
to do so and, where restoration work has been undertaken by a tradesperson,
must provide to the park operator a copy of that tradesperson’s invoice
within 14 days of that work being performed.
[Section 32I inserted: No. 28 of 2020 s. 30.]
[Heading inserted: No. 28 of 2020 s. 30.]