Western Australian Current Acts Western Australian Current Acts (1) This section
applies where —
(a) a
park operator has given a notice of termination to a long-stay tenant (except
a notice of termination under section 39), or a long-stay tenant has given a
notice of termination to the park operator; 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 for the long-stay tenant to give vacant possession of the premises to
the park operator.
(3) An application
must be made within 30 days after the day specified in the notice of
termination.
(4) The State
Administrative Tribunal may make the orders if a notice of termination was
given in accordance with this Act and —
(a)
where the notice was given on the grounds that the long-stay tenant has
breached the long-stay agreement — the State Administrative Tribunal is
satisfied that the grounds are made out and that the breach is in all the
circumstances such as to justify terminating the agreement; or
(b) if
the notice was given for any other reason — the tribunal is satisfied
that terminating the agreement is justified in all the circumstances.
(5) However, the State
Administrative Tribunal may refuse to make the orders if satisfied —
(a) that
the park operator was wholly or partly motivated to give the notice by the
fact that the long-stay tenant had complained to a public authority about the
park operator’s conduct in relation to the long-stay agreement, or taken
steps to secure or enforce the tenant’s rights as a tenant under the
agreement; or
(b) if
the notice was given by the park operator on the grounds of a breach by the
tenant — that the tenant has remedied the breach, but when making the
decision the tribunal must take into account any previous breaches of the
agreement by the tenant; or
(c) if
the notice was given by the park operator under section 45(3) on the grounds
of frustration of the agreement — that the consequences of continuing
the agreement would not be unduly burdensome to the park operator.
(6) If the State
Administrative Tribunal makes the orders, it may suspend the operation of the
orders for not more than 30 days if satisfied that it is desirable in the
circumstances to do so having regard to the relative hardship that would be
caused —
(a) to
the park operator by suspending the orders; or
(b) to
the long-stay tenant by refusing to suspend the orders.
(7) Where the park
operator gave the notice of termination to the long-stay tenant, and the State
Administrative Tribunal is satisfied that the tenant had, within the 6 months
before the notice was given to the tenant, complained to a public authority
about the park operator’s conduct in relation to the long-stay
agreement, or taken steps to secure or enforce the tenant’s rights as a
tenant under the agreement, the burden is on the park operator to prove that
the park operator was not to any extent motivated by that fact when giving
notice to the tenant.
(8) When the State
Administrative Tribunal makes the orders, the tribunal must specify the day on
which the orders take effect.
(9) The day specified
in the order must be no later than 7 days after the day on which the order is
made.
(10) The
Limitation Act 2005 does not apply to an application under this section.
[Section 68 amended: No. 28 of 2020 s. 63.]