Western Australian Current Acts Western Australian Current Acts (1) In this section
—
relevant long-stay agreement means an agreement
between the seller and the relevant park operator;
relevant park operator means a park operator of
the residential park where a relocatable home that is being sold under a sale
contract is located.
(2) This section
applies if —
(a) a
long-stay tenant (the seller ) is to sell a relocatable home to a person (the
buyer ) under a contract (the sale contract ); and
(b) the
buyer intends to use or occupy the home at the agreed premises; and
(c)
before the sale contract was entered into, the park operator had not entered
into a long-stay agreement with the buyer; and
(d) the
seller has not assigned, under the sale contract or before the sale contract
was entered into, the seller’s rights and obligations under the relevant
long-stay agreement to the buyer.
(3) It is a condition
of the sale contract that —
(a) the
sale of the relocatable home is conditional on —
(i)
the relevant park operator entering into a long-stay
agreement with the buyer; or
(ii)
the assignment of the seller’s rights and
obligations under the relevant long-stay agreement to the buyer;
and
(b) if
the agreement or assignment does not occur within the later of the following
periods after the sale contract has been entered into, the sale contract has
no effect —
(i)
if an application is made to the State Administrative
Tribunal under section 62A(2)(f) — when the application is finally
decided or otherwise dealt with;
(ii)
otherwise — 60 days or another period agreed by the
long-stay tenant and the buyer.
(4) If the relevant
long-stay agreement prohibits the assignment of the seller’s rights and
obligations under the relevant long-stay agreement, the relevant park operator
must enter into a long-stay agreement with the buyer unless —
(a) the
relevant park operator refuses to enter into the agreement on reasonable
grounds; or
(b) the
relevant park operator and the buyer cannot agree on the terms of a new
agreement.
Note for this subsection:
Under
section 32O(1)(c), a long-stay agreement may provide that the long-stay tenant
must not assign the tenant’s interest in the agreed premises.
(5) If the relevant
long-stay agreement provides that the assignment of the seller’s rights
and obligations under the relevant long-stay agreement is not subject to the
written consent of the relevant park operator, the relevant park operator must
consent to the assignment of the seller’s rights and obligations under
the relevant long-stay agreement to the buyer.
Note for this subsection:
Under
section 32O(1)(a), a long-stay agreement may provide that the long-stay tenant
may assign the tenant’s interest in the agreed premises.
(6) If the relevant
long-stay agreement provides that the assignment of the seller’s rights
and obligations under the relevant long-stay agreement is subject to the
written consent of the relevant park operator, the relevant park operator must
—
(a)
consent to the assignment to the buyer; or
(b)
refuse to consent to the assignment to the buyer on reasonable grounds.
Note for this subsection:
Under
section 32O(1)(b), a long-stay agreement may provide that the long-stay tenant
may assign the tenant’s interest in the agreed premises only with the
written consent of the park operator.
[Section 58 inserted: No. 28 of 2020 s. 55.]