Western Australian Current Acts Western Australian Current Acts (1) If, immediately
before the commencement of this Act, a person held an option to make, renew or
extend a residential park tenancy agreement, or to assign or otherwise
transfer rights under a residential park tenancy agreement, the option may be
exercised at the discretion of the person as if this Act had not been made.
(2) Despite
section 6(3), the following applies to, and in respect of, an existing fixed
term long-stay agreement made orally (as defined in section 6) to which this
Act applies —
(a) if
any proceedings instituted in relation to the agreement under the
Residential Tenancies Act 1987 before the commencement of this Act have not
been completed — that Act continues to apply to the proceedings as if
this Act had not been made;
(b)
proceedings may be brought subject to and in accordance with this Act in
respect of a cause of action that —
(i)
arose in connection with the long-stay agreement before
the commencement of this Act; and
(ii)
was not, immediately before that commencement, the
subject of proceedings under the Residential Tenancies Act 1987 ;
(c) a
notice of termination given in relation to the agreement under the
Residential Tenancies Act 1987 before the commencement of this Act has effect
and may be enforced as if this Act had not been made;
(d) any
process begun before the commencement of this Act by which the rent payable
under the agreement may be increased may be continued and completed, and has
effect to increase the rent, as if this Act had not been made, but subject to
any order or determination of the State Administrative Tribunal under Part 5;
(e) no
civil or criminal liability is incurred as a result of the application of this
Act to the agreement for anything done or not done before the commencement of
this Act;
(f) any
amount of bond money held, at the commencement of this Act, in relation to the
agreement under the Residential Tenancies Act 1987 is to be treated as if it
were held under this Act.
[Heading inserted: No. 28 of 2020 s. 83.]