Western Australian Current Acts Western Australian Current Acts (1) A long-stay tenant
may apply to the State Administrative Tribunal for an order reducing the
amount of rent payable for the agreed premises on the grounds that —
(a)
since the long-stay agreement was entered into, or was last renewed or
extended, there has been, without any default on the part of the tenant, a
significant reduction in —
(i)
the size or quality of the agreed premises; or
(ii)
the number or quality of the chattels provided with the
agreed premises; or
(iii)
the extent or quality of the shared premises or the
facilities provided as part of the shared premises;
or
(b) in
determining the amount of rent payable for the agreed premises the park
operator was wholly or partly motivated by a desire for the tenancy to be
terminated.
(2) An application may
be made whether or not a long-stay tenant has paid or agreed to pay the amount
of rent the subject of the application.
(3) The State
Administrative Tribunal may order that the amount of rent payable for the
agreed premises is reduced if satisfied that —
(a) the
grounds of the application are made out; and
(b) the
amount is excessive in the circumstances.
(4) In deciding the
application, the State Administrative Tribunal must have regard to anything
the tribunal considers relevant, including —
(a) the
amounts of rent generally payable for comparable premises in the locality or a
similar locality; and
(b) the
estimated capital value of the agreed premises at the date of the application;
and
(c) the
amount of the outgoings to be borne by the park operator in respect of the
agreed premises; and
(d) the
estimated cost of any services provided by the park operator or the long-stay
tenant under the long-stay agreement; and
(e) the
value and nature of any chattels provided for the use of the long-stay tenant
with the agreed premises or as part of the shared premises; and
(f) the
standard and nature of the facilities and amenities that are available for the
use of the long-stay tenant as part of the shared premises; and
(g) in
the case of an on-site home agreement — the standard of accommodation
and amenities provided in the agreed premises and the state of repair and
general condition of the agreed premises.
(5) When the State
Administrative Tribunal makes the order, it must specify —
(a) the
maximum amount of rent payable by the long-stay tenant for the agreed
premises; and
(b) the
day on and after which the reduced amount is payable, being a day not earlier
than the day on which the long-stay tenant applied for the reduction in rent;
and
(c) the
minimum period for which the reduced amount is payable.
[Section 63 inserted: No. 28 of 2020 s. 60.]