Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a) a
person ( resident ) is not a long-stay tenant but is residing in agreed
premises the subject of a long-stay agreement; and
(b) the
resident asks the park operator who is a party to the long-stay agreement to
vary the agreement to add the resident as a long-stay tenant; and
(c) the
park operator refuses to vary the long-stay agreement.
(2) The resident may
apply to the State Administrative Tribunal to be recognised as a long-stay
tenant in respect of the agreed premises.
(3) The application
may be made —
(a)
during another application or a proceeding before the tribunal; or
(b) when
no application or proceeding is before the tribunal.
(4) The State
Administrative Tribunal may, if the tribunal considers it is appropriate
—
(a)
order —
(i)
that the long-stay agreement is varied so that the
resident is a long-stay tenant who is a party to the agreement, and is taken
for any written law or the agreement to be a tenant under the agreement; and
(ii)
that the long-stay agreement be continued on the terms
and conditions that the tribunal considers are appropriate;
or
(b)
order that the resident is joined as a party to an application or a proceeding
before the tribunal.
(5) In making an order
under subsection (4), the State Administrative Tribunal must consider whether
the resident is suitable to be recognised as a long-stay tenant in respect of
the agreed premises.
Example for this subsection:
The agreed premises
the resident is occupying is within a residential park, or part of a park, to
which section 20(1) applies and the resident has not reached the age at which
the resident is permitted to live on the agreed premises.
[Section 63C inserted: No. 28 of 2020 s. 60.]