Western Australian Current Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 32O

32O .         Assigning rights and obligations under long-stay agreement or sub-letting agreed premises

        (1)         A long-stay agreement may provide that the long-stay tenant —

            (a)         may assign the tenant’s rights and obligations under the agreement or sub-let the agreed premises; or

            (b)         may assign the tenant’s rights and obligations under the agreement or sub-let the agreed premises only with the written consent of the park operator; or

            (c)         must not assign the tenant’s rights and obligations under the agreement or sub-let the agreed premises.

        (2)         If a long-stay agreement does not include a term mentioned in subsection (1), it is a term of the agreement that a long-stay tenant may assign the tenant’s rights and obligations under the agreement or sub-let the agreed premises only with the written consent of the park operator.

        (3)         If a long-stay agreement includes a term mentioned in subsection (1)(b), or subsection (2) applies, it is a term of the agreement that —

            (a)         the park operator must not unreasonably withhold consent; and

            (b)         the park operator must not make any charge for giving the consent except for reasonable incidental expenses.

        (4)         However, the operation of a provision of a long-stay agreement that purports to permit the assignment of the long-stay tenant’s rights and obligations under the agreement is subject to the operation of any other written law that prohibits or regulates such an assignment.

        [Section 32O inserted: No. 28 of 2020 s. 30.]