Western Australian Current Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 65

65 .         Determination of compensation payable to long-stay tenant for termination under s. 46

        (1)         A party to a long-stay agreement may apply to the State Administrative Tribunal for a determination of the amount of compensation to which the long-stay tenant is entitled under section 46 in relation to the agreement.

        (2)         When determining the amount of compensation to be paid to the long-stay tenant on the termination of a site-only agreement, the State Administrative Tribunal must have regard to the following —

            (aa)         the cost incurred by the long-stay tenant in travelling, and transporting the tenant’s possessions that are kept at the residential park, for the distance from the residential park to other premises designated by the tenant, or for 600 km, whichever is shorter;

            (a)         the cost of removing the relocatable home from the agreed premises, including the costs incurred in disconnecting telephone, gas, electricity, water or other services;

            (b)         the cost of towing or transporting the relocatable home for the distance from the residential park to another site designated by the long-stay tenant, or for 600 km, whichever is shorter;

            (c)         the cost of erecting the relocatable home on the other site, including the costs incurred in connecting telephone, gas, electricity, water or other services;

            (d)         the cost of establishing the relocatable home at the new site, including any costs reasonably incurred in landscaping the site to a standard comparable to that of the previous site;

            (da)         any other financial loss incurred as a result of the termination of the agreement;

            (e)         any prescribed matters.

        (3)         When determining the amount of compensation to be paid to the long-stay tenant on the termination of an on-site home agreement, the State Administrative Tribunal may have regard to the following —

            (a)         the cost incurred by the long-stay tenant in travelling, and transporting the tenant’s possessions that are kept at the residential park, for the distance from the residential park to other premises designated by the tenant, or for 600 km, whichever is shorter;

            (aa)         the costs of disconnecting and reconnecting utilities to the site;

            (b)         any other financial loss incurred as a result of the termination of the agreement;

            (c)         any prescribed matters.

        [Section 65 amended: No. 28 of 2020 s. 61.]