Western Australian Current Acts Western Australian Current Acts (1) This section
applies if agreed premises or shared premises —
(a)
become uninhabitable or unusable for the intended purpose otherwise than as a
result of a breach of the long-stay agreement; or
(b)
cease to be lawfully usable for the intended purpose; or
(c) are
compulsorily acquired by an authority under a written law.
(2) The rent payable
under the long-stay agreement is abated appropriately.
(3) Either party to
the long-stay agreement may give a notice of termination to the other.
(4) The notice of
termination must —
(a)
state that the person giving the notice intends to terminate the long-stay
agreement under this section; and
(b)
specify the day (the specified day ) on which the agreement will be
terminated; and
(c)
comply with section 38.
(5) If the park
operator gives the notice of termination to the long-stay tenant, the
specified day must be at least 7 days after the day on which the notice is
given.
(6) If the long-stay
tenant gives the notice of termination to the park operator, the specified day
must be at least 2 days after the day on which the notice is given.
(7) In either case the
specified day may be —
(a) a
day earlier than the last day of the fixed term of a fixed term tenancy; or
(b) a
day earlier than the last day of a period of a periodic tenancy.
[Section 45 amended: No. 28 of 2020 s. 45.]
[Heading inserted: No. 3 of 2019 s. 30.]