Western Australian Current Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 33

33 .         How long-stay agreements and tenant’s interests in agreements are terminated

        (1A)         In this section —

        period of notice , in relation to the termination of a long-stay agreement under a notice of termination, means the period beginning on the day on which the notice is given and ending on the specified day stated in the notice of termination.

        (1)         If a long-stay tenant or park operator gives a notice of termination of a long-stay agreement, the agreement is terminated when both of the following events have happened —

            (a)         the period of notice, or any shorter or longer period agreed between the tenant and the park operator, has ended; and

            (b)         the tenant has given vacant possession of the agreed premises to the park operator.

        (2)         A fixed term long-stay agreement is terminated when both of the following events have occurred —

            (a)         the fixed term has ended; and

            (b)         the long-stay tenant has given vacant possession of the agreed premises to the park operator.

        (2A)         A long-stay tenant’s interest in a long-stay agreement is terminated if the tenant has —

            (a)         given notice of termination under section 45A(1) together with at least 1 of the documents required under section 45A(2); and

            (b)         vacated the agreed premises on or after the expiration of the period of notice required under section 45A(5).

        (2B)         A long-stay tenant’s interest in a long-stay agreement is terminated if the tenant has —

            (a)         given notice of termination under section 45B(4); and

            (b)         vacated the agreed premises on or after the expiration of the period of notice required under section 45B(5).

        (2C)         The termination of a long-stay tenant’s interest in a long-stay agreement does not terminate the agreement in respect of any other long-stay tenant under the agreement.

        (3)         In any other case, a long-stay agreement ends when —

            (a)         the State Administrative Tribunal terminates the agreement under Part 5; or

            (b)         a person whose title is superior to the title of the park operator, other than a mortgagee, becomes entitled to possession of the agreed premises; or

            (c)         the agreement is terminated under section 44B; or

            (d)         for an on-site home agreement — each long-stay tenant to the agreement dies; or

            (da)         for a site-only agreement —

                  (i)         each long-stay tenant to the agreement dies; and

                  (ii)         if there is a relocatable home on the site — the relocatable home is removed or sold;

                or

            (e)         the long-stay tenant gives vacant possession of the premises under a written agreement with the park operator to end the long-stay agreement; or

            (f)         the rights under the agreement of the park operator or the long-stay tenant are ended by merger.

        Note for this subsection:

                For the purposes of paragraph (da), under section 64C the State Administrative Tribunal may make an order if each long-stay tenant to the agreement dies but the relocatable home is not removed or sold because the park operator is interfering with, or obstructing, the removal or sale of the relocatable home.

        [Section 33 amended: No. 3 of 2019 s. 28; No. 28 of 2020 s. 32.]