Western Australian Current Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 67

67 .         Orders for vacant possession at end of fixed term

        (1)         This section applies where —

            (a)         the fixed term under a fixed term long-stay agreement has ended; and

            (b)         there is no agreement between the long-stay tenant and the park operator to continue the tenancy as a periodic tenancy; and

            (c)         the tenant has not given vacant possession of the agreed premises to the park operator.

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

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

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

        (3)         The State Administrative Tribunal may make the orders.

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

        (5)         The day specified under subsection (4) must be at least 7 days after the day on which the order is made.

        (6)         However, the State Administrative Tribunal may suspend the operation of the order for a further period of not more than 30 days, having regard to the relative hardship that would be caused —

            (a)         to the park operator by suspending the orders; and

            (b)         to the long-stay tenant by not suspending the orders.

        (7)         Also, the State Administrative Tribunal may suspend the operation of the order for a further period decided by the tribunal if the park operator did not give the long-stay tenant a written notice under section 32R(2) that the park operator did not intend to enter into a new long-stay agreement with the tenant.

        [Section 67 amended: No. 28 of 2020 s. 62.]