Western Australian Current Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 66

66 .         Orders for vacant possession if rent not paid

        (1)         This section applies where —

            (a)         a park operator has given a notice of termination to a long-stay tenant under section 39(1)(a) or (b) on the grounds that the tenant has not paid rent in accordance with the long-stay agreement; and

            (b)         the tenant does not give vacant possession of the agreed premises to the park operator on the day specified in the notice of termination.

        (2)         The park operator may apply to the State Administrative Tribunal for —

            (a)         an order terminating the long-stay agreement; and

            (b)         an order requiring the long-stay tenant to give vacant possession of the premises to the park operator.

        (3)         An application cannot be made —

            (a)         before the notice of termination is given to the long-stay tenant; or

            (b)         more than 30 days after the day specified in the notice of termination as the day on which the park operator requires the tenant to give vacant possession of the agreed premises to the park operator.

        (4)         If, under section 39(1)(a), the park operator gave to the long-stay tenant a notice of termination only, then, on hearing the application, the State Administrative Tribunal may make the orders if —

            (a)         the notice of termination was given in accordance with this Act; and

            (b)         the day on which the orders are made is at least 21 days after the day on which the notice of termination was given to the tenant; and

            (c)         the park operator was not required to withdraw the application under section 39(5)(b).

        (5)         If, under section 39(1)(b), the park operator gave to the long-stay tenant both a default notice and a notice of termination, the State Administrative Tribunal may make the orders if —

            (a)         the notices were given in accordance with this Act; and

            (b)         the day on which the orders are made is at least 21 days after the day on which the default notice was given to the tenant.

        (6)         The State Administrative Tribunal must specify in an order the day on which the order takes effect.

        (7)         The day specified in the order must be at least 7 days after the day on which the order is made.

        (8)         The day specified in the order 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.