Residential Parks (Long-stay Tenants) Act 2006

Western Australia

Western Australia

Residential Parks (Long-stay Tenants) Act 2006

CONTENTS

Part 1 — Preliminary matters

1. Short title 2

2. Commencement 2

Notes

Compilation table 3

Provisions that have not come into operation 3

Western Australia

Residential Parks (Long-stay Tenants) Act 2006

An Act to regulate the relationship between the operators of residential parks and tenants who live in such parks for extended periods, to consequentially amend certain other Acts, and for related purposes.

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary matters

1. Short title

This is the Residential Parks (Long-stay Tenants) Act 2006.

2. Commencement

(1) This Act comes into operation on a day fixed by proclamation.

(2) Different days may be fixed under subsection (1) for different provisions.

[3-9. Have not come into operation 2.]

[Parts 2-6 have not come into operation 2.]

[Schedules 1, 2 and Glossary have not come into operation 2.]

Notes

1 This is a compilation the Residential Parks (Long-stay Tenants) Act 2006. The following table contains information about that Act 1a.

Compilation table

Citation	Number and year	Assent	Commencement
Residential Parks (Long‑stay Tenants) Act 2006 s. 1 and 2	32 of 2006	4 Jul 2006	4 Jul 2006

1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Citation	Number and year	Assent	Commencement
Residential Parks (Long‑stay Tenants) Act 2006 s. 3‑9. Pt. 2‑6, Sch. 1, 2 and Glossary 2	32 of 2006 (as amended by No. 77 of 2006 s. 4)	4 Jul 2006	To be proclaimed (see s. 2)

2 On the date as at which this compilation was prepared, the Residential Parks (Long-stay Tenants) Act 2006 s. 3‑9. Pt. 2‑6, Sch. 1, 2 and Glossary had not come into operation. They read as follows:

“

3. Glossary of terms used in this Act

The Glossary at the end of this Act defines or affects the meaning of some of the words and expressions used in this Act.

4. Crown bound

This Act binds the Crown.

5. Meaning of “long‑stay agreement”

(1) In this Act —

“long‑stay agreement” means a residential park tenancy agreement —

(a) for a fixed term of 3 months or longer; or

(b) for a periodic tenancy that continues for 3 months or longer,

other than an agreement entered into for the purpose of —

(c) conferring on an individual the right to occupy a site or other park premises in a residential park for a holiday; or

(d) conferring on an employee or agent of a park operator the right to occupy a site or other park premises in the residential park during the term of the employment or agency.

(2) For the purposes of subsection (1), a residential park tenancy agreement conferring a right to occupy a site or other park premises for a fixed term of 3 months or longer is taken, in the absence of proof to the contrary, not to have been entered into for the purpose of conferring a right to occupy the site or premises for a holiday.

6. Application of Act to long‑stay agreements

(1) This Act applies to, and in respect of, a long‑stay agreement made after the commencement of this Act.

(2) This Act applies to, and in respect of, an existing periodic long‑stay agreement as if the agreement had been made immediately after the commencement of this Act.

(3) This Act applies to, and in respect of, an existing fixed term long‑stay agreement made orally —

(a) to the extent that it can be applied, as if the agreement had been made in accordance with this Act;

(b) until the agreement is terminated or replaced.

(4) Subject to subsection (5), this Act does not apply to an existing fixed term long‑stay agreement made in writing.

(5) If an existing fixed term long‑stay agreement made in writing is extended for a period commencing after the commencement of this Act, this Act applies to, and in respect of, the agreement as extended —

(a) to the extent that it can be applied, as if the agreement had been made in accordance with this Act;

(b) until the agreement is terminated or replaced.

(6) This Act applies to a long‑stay agreement except to the extent that this Act specifically provides otherwise despite the terms of any other residential tenancy agreement, other agreement, contract or arrangement, whether that agreement, contract or arrangement was made before or after the commencement of this section.

(7) In this section —

“existing fixed term long‑stay agreement” means a long‑stay agreement for a fixed term of 3 months or longer —

(a) made before the commencement of this Act; and

(b) that is continuing at the commencement of this Act;

“existing periodic long‑stay agreement” means a long‑stay agreement that continues for 3 months or longer —

(a) made before the commencement of this Act; and

(b) that is continuing at the commencement of this Act.

7. Application of Act to periodic long‑stay agreements

(1) At the end of the period of 3 months after a periodic long‑stay agreement which is not in compliance with this Act was made —

(a) the park operator who made the agreement is to attempt to make with the tenant a long‑stay agreement that is in compliance with this Act; and

(b) if such an agreement is not made within a period of 5 months after the periodic long‑stay agreement was made then either party may apply to the State Administrative Tribunal for the termination of the long‑stay agreement, or for a determination in respect of the terms of the agreement, at the discretion of the State Administrative Tribunal.

(2) A park operator who does not take appropriate steps to attempt to make a long‑stay agreement under subsection (1)(a) commits an offence.

Penalty: a fine of $10 000.

(3) From the end of the period of 3 months after a periodic long‑stay agreement which was not made in compliance with this Act was made until the agreement is terminated or a new agreement is made under subsection (1)(a) this Act applies to and in respect of the long‑stay agreement to the extent that it can be applied, as if the agreement had been made in accordance with this Act.

(4) In this section —

“periodic long‑stay agreement” means a long‑stay agreement for a periodic tenancy that continues for 3 months or longer.

8. Operation of this Act in relation to other written laws

(1) If a residential tenancy agreement (as defined in the Residential Tenancies Act 1987) under which a person has a right to occupy a site in a residential park or other caravan park is a long‑stay agreement, that Act does not apply to the agreement.

(2) The Retirement Villages Act 1992 does not apply to a lifestyle village (as defined in this Act) established for retired persons or predominantly for retired persons.

(3) Except as otherwise provided by this Act, the provisions of this Act are in addition to, and do not derogate from, the provisions of any other written law.

9. Contracting out

(1) Except as specifically provided by this Act —

(a) any contract, agreement, scheme or arrangement, whether it was made before or after the commencement of this Act, is void and of no effect to the extent that it purports to exclude, modify or restrict the operation of this Act; and

(b) any purported waiver of a right conferred by or under this Act is void and of no effect.

(2) A person must not enter into any contract, agreement or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act.

Penalty: a fine of $10 000.

Part 2 — Long‑stay agreement

Division 1 — General matters

10. Form of long‑stay agreements

A long‑stay agreement must —

(a) be in writing;

(b) include such clauses, if any, as are prescribed; and

11. Information for prospective long‑stay tenants

(1) Before a park operator makes a long‑stay agreement with a person the park operator must give the person the following —

(a) a copy of the proposed agreement, including an explanation of how and when the rent may be varied under the agreement;

(b) a copy of the information booklet prepared by the Commissioner for the purposes of this paragraph;

(c) a written schedule of fees and charges showing the nature and amount of all fees and charges currently payable by a long‑stay tenant to the park operator before or at the time that the agreement is made or during the term of the agreement;

(d) a report in accordance with the regulations giving details of the condition of the proposed agreed premises and any structures or fixtures on or in those premises;

(e) a copy of the park rules;

(f) written information about the membership and functions of the park liaison committee (if any);

(g) a copy of the prescribed information sheet completed by the park operator in accordance with the regulations;

(h) particulars of any restrictions or conditions imposed directly or indirectly under a written law that could affect the sale of the prospective tenant’s relocatable home while it is located on a site in the residential park;

(i) particulars of any restrictions or conditions imposed directly or indirectly under a written law that could affect any proposed assignment of the prospective tenant’s rights under the proposed long‑stay agreement;

(j) any other prescribed information.

(2) A park operator who does not comply with subsection (1) commits an offence.

Penalty: a fine of $5 000.

12. Restrictions on charges payable by long‑stay tenants

(1) A park operator must not require or receive from a long‑stay tenant, or prospective long‑stay tenant, any payment of money for or in relation to entering into, renewing, extending or continuing the long‑stay agreement except money for rent and a security bond.

Penalty: a fine of $5 000.

(2) Subsection (1) does not apply to —

(a) an amount paid or payable as consideration for an option to enter into a long‑stay agreement if, when the option is exercised, the amount is refunded or applied towards the rent payable under the agreement;

(b) any amount that the park operator is authorised to require or receive under another provision of this Act; or

(3) A real estate agent who provides services on behalf of a park operator in connection with letting agreed premises or entering into a long‑stay agreement must not require or receive from a long‑stay tenant, or prospective long‑stay tenant, any fee, charge or reward for those services.

Penalty: a fine of $5 000.

(4) A real estate agent who provides services on behalf of a long‑stay tenant in connection with sub‑letting the agreed premises must not require or receive from a sub‑tenant, or prospective sub‑tenant, any fee, charge or reward for those services.

Penalty: a fine of $5 000.

(5) A fee, charge or reward accepted in contravention of this section is recoverable by the person who paid it as a debt due in a court of competent jurisdiction.

13. Restriction on letting fees payable to real estate agent

(1) A real estate agent who provides services on behalf of a park operator or a long‑stay tenant in connection with letting or sub‑letting agreed premises or entering into a long‑stay agreement or a sub‑tenancy agreement must not require or receive from a park operator or long‑stay tenant any fee, charge or reward for those services except —

(a) if no other amount is prescribed — a letting fee not exceeding 2 weeks’ rent; or

(b) if another amount is prescribed — the prescribed amount.

Penalty: a fine of $5 000.

(2) A fee, charge or reward accepted in contravention of this section is recoverable by the person who paid it as a debt due in a court of competent jurisdiction.

14. Cost of preparing long‑stay agreement

The park operator must bear the cost of preparing a proposed long‑stay agreement for execution by the parties to the agreement, unless the agreement expressly provides otherwise.

Penalty: a fine of $5 000.

15. Disclosure of park operator’s particulars to tenant

(1) When a park operator enters into a long‑stay agreement, the park operator must ensure that the long‑stay tenant is given written notice of the following —

(a) the full name and address of the park operator and of any person having superior title to that of the park operator;

(b) if the park operator or person with superior title is a body corporate — the full name and business address of the secretary of the body corporate; and

(c) the terms of the park’s operating licence and all licensing conditions including any conditions imposed by the relevant local government authority under the Caravan Parks and Camping Grounds Act 1995.

Penalty: a fine of $5 000.

(2) If a person succeeds another person as a park operator, the new park operator must ensure that each long‑stay tenant in the residential park is given written notice of the following —

(a) the full name and address of the new park operator;

(b) if the new park operator is a body corporate — the full name and business address of the secretary of the body corporate.

Penalty: a fine of $5 000.

(3) If a name or address of which the park operator is required under this section to give notice to a long‑stay tenant is changed, the park operator must within 14 days give the tenant written notice of the new name or address.

Penalty: a fine of $5 000.

(4) However, if a residential park is managed by a real estate agent, it is sufficient for a long‑stay tenant to be notified of the address of the agent, instead of the address of the park operator.

16. Disclosure of tenant’s particulars to park operator

(1) A long‑stay tenant or prospective long‑stay tenant must not falsely state the tenant’s name or place of occupation to the park operator.

Penalty: a fine of $5 000.

(2) If a long‑stay tenant has given particulars of the tenant’s place of occupation to the park operator and the place is changed, the tenant must notify the park operator of the new place of occupation within 14 days after the change.

Penalty: a fine of $5 000.

(3) When a long‑stay tenant vacates the agreed premises, the tenant must give the park operator particulars of the tenant’s next intended residential address or postal address.

Penalty: a fine of $5 000.

17. Tenant’s copy of long‑stay agreement

(1) When a long‑stay tenant signs a long‑stay agreement, the park operator must —

(a) give the tenant a copy of the agreement; and

(b) ensure that a fully executed copy of the agreement is given to the tenant within 21 days after it was first signed by the tenant or, if that is not practicable in the circumstances, as soon as practicable after that.

Penalty: a fine of $5 000.

(2) If the park operator does not execute the long‑stay agreement but gives the long‑stay tenant a copy of it in accordance with subsection (1)(b), acceptance of rent from the tenant by the park operator gives the agreement the same effect as if it had been fully executed.

18. Cooling off period

(1) A long‑stay tenant under a site‑only agreement is entitled to rescind the agreement —

(a) at any time within 5 working days after the date of the agreement; or

(b) if the park operator does not comply with section 11(1) within the time specified in that subsection but does provide the documents required under that section — at any time within 10 working days after the day on which the documents required under that section are given to the tenant.

(2) A person is not entitled to rescind a long‑stay agreement under this section after taking up occupation of the agreed premises.

19. Recovery of amounts paid under a mistake of law or fact

(1) A party to a long‑stay agreement is entitled to recover an amount paid to the other party under a mistake of law or fact relating to the agreement.

(2) A long‑stay tenant may recover an amount mistakenly paid to the park operator by deducting it from rent payable by the tenant under the long‑stay agreement.

20. Children living on agreed premises

(1) Except in the circumstances referred to in Schedule 1 clause 9(a) or (b), a person must not —

(a) refuse to make a long‑stay agreement with an individual on the grounds that it is intended that a child will live on the agreed premises; or

(b) advertise, or otherwise indicate an intention, to refuse to make a long‑stay agreement with an individual on those grounds.

(2) Except in the circumstances referred to in Schedule 1 clause 9(a) or (b), a person must not instruct anyone else —

(a) to refuse to make a long‑stay agreement with an individual on the grounds that it is intended that a child will live on the agreed premises; or

(b) to advertise, or otherwise indicate an intention, to refuse to make a long‑stay agreement with an individual on that ground.

Penalty: a fine of $5 000.

Division 2 — Security bonds

21. Security bonds

(1) A park operator must not require or receive payment of more than one security bond in respect of a long‑stay agreement.

Penalty: a fine of $5 000.

(2) A park operator must not require or receive payment of a security bond if the amount of the bond is more than the sum of —

(a) 4 weeks’ rent;

(b) an amount of not more than $100 by way of security for keys, remote control entry devices or other security devices provided by the park operator for the use of a tenant or, if another amount is prescribed for the purposes of this paragraph, the prescribed amount; and

(c) if the long‑stay tenant is permitted to keep a cat or dog at the agreed premises — an amount to meet the cost of fumigating the premises at the end of the tenancy, if necessary, that is not more than $100 or, if another amount is prescribed for the purposes of this paragraph, the prescribed amount.

Penalty: a fine of $5 000.

(3) When a long‑stay tenant pays a security bond, the park operator must give the long‑stay tenant a receipt that specifies —

(a) the amount paid;

(b) the date on which it is paid;

(d) the name of the tenant; and

(e) particulars of the agreed premises for which it is paid.

Penalty: a fine of $20 000.

22. Payment of bond to bond administrator or trust account

(1) When a park operator receives a security bond, the park operator must, within 14 days, deposit an amount equal to the amount of the bond —

(a) with the bond administrator or a bond agent; or

(b) into a separate ADI account held in the names of the park operator and the long‑stay tenant and entitled “tenancy bond account”.

Penalty: a fine of $20 000.

(2) When a real estate agent receives a security bond as the agent of a park operator in relation to a long‑stay agreement, the real estate agent must deposit an amount equal to the amount of the bond into —

(a) the tenancy bond trust account held by the agent for the purposes of the Residential Tenancies Act 1987 as mentioned in Schedule 1 clause 2(3)(a) of that Act; or

(b) a separate trust account entitled “tenancy bond trust account” that is maintained by the agent in accordance with the Real Estate and Business Agents Act 1978 Part VI.

23. Keeping security bond records

(1) A park operator must keep a record of —

(a) the particulars specified in a receipt given to a long‑stay tenant for a security bond; and

(b) if the security bond amount is deposited in a tenancy bond account — the name of the ADI or authorised financial institution with whom the account is held.

Penalty: a fine of $20 000.

(2) A park operator must give a copy of a record kept under subsection (1) to the long‑stay tenant from whom the bond was received within 3 working days of receiving the bond.

Penalty: a fine of $5 000.

(3) A person must not make an entry in a record that the person knows is false or misleading in a material particular.

Penalty: a fine of $5 000.

24. Increase in security bond

(1) When the amount of rent payable under a long‑stay agreement is increased, the park operator may increase the amount of the security bond payable by the long‑stay tenant by giving the tenant a written notice specifying the amount of the increase and the day on which it is payable.

(2) The day specified in the notice on which the bond is payable is to be at least 60 days after the day on which the notice is given.

(3) A security bond cannot be increased to an amount that would exceed the sum of —

(a) 4 weeks’ rent under the long‑stay agreement at the time at which the amount of the increase would be payable; and

(b) if a pet bond is payable — the maximum amount chargeable under section 21(2)(c).

(4) A notice of increase of the amount of security bond that has been given in accordance with this section and that has not been withdrawn by the park operator varies the long‑stay agreement to the effect that the amount of the increase specified in the notice is payable under the agreement on the day specified in the notice.

(5) Sections 21(3), 22 and 23 apply to an amount paid under this section.

Division 3 — Rent

25. Rent in advance

(1) A park operator must not require a long‑stay tenant or prospective long‑stay tenant to pay more than 2 weeks’ rent before or during the first 2 weeks of the tenancy.

Penalty: a fine of $5 000.

(2) A park operator must not require a long‑stay tenant to pay any further rent before the end of any period for which rent has been paid.

Penalty: a fine of $5 000.

26. Written receipts for rent

(1) When a park operator receives any rent under a long‑stay agreement, the park operator must give the long‑stay tenant a written receipt for the rent within 3 working days.

(2) The receipt must specify —

(a) the date on which the rent was received;

(b) the amount paid;

(d) the name of the long‑stay tenant; and

(e) particulars of the agreed premises.

Penalty: a fine of $5 000.

(3) However, the park operator does not have to give a written receipt for rent that is paid, under an agreement between the park operator and the long‑stay tenant, into an ADI account nominated by the park operator.

27. Requiring post‑dated cheques prohibited

A person must not require a post‑dated cheque or other post‑dated negotiable instrument in payment of rent.

Penalty: a fine of $5 000.

28. Rent records kept by park operator

(1) A park operator must keep a record of the rent received for agreed premises.

Penalty: a fine of $5 000.

(2) A person must not make an entry in a record that the person knows is false or misleading in a material particular.

Penalty: a fine of $5 000.

29. Apportionment of rent

(1) Rent payable under a long‑stay agreement —

(a) accrues from day to day; and

(b) is to be apportioned accordingly when the agreement ends.

(2) Any amount payable or recoverable as a result of the apportionment is payable or recoverable immediately.

30. Variation of rent under on‑site home agreement

(1) A park operator may increase the rent payable under an on‑site home agreement by giving a written notice to the long‑stay tenant specifying —

(a) the amount of the increased rent; and

(b) the day from which the increased rent becomes payable.

(2) The day specified in the notice from which the increased rent becomes payable must be —

(a) at least 60 days after the day on which the notice is given;

(b) at least 6 months after the day on which the tenancy period began;

(c) if the rent has previously been increased under this section — at least 6 months after the day on which it was last increased; and

(d) if the on‑site home agreement is for a fixed term — after the last day of the fixed term, unless the agreement provides that the rent may increase or be increased during the fixed term.

(3) Subsection (2)(b) does not apply in respect of the first notice given to a long‑stay tenant after the beginning of the tenancy period if —

(a) it is the practice of the park operator to review the rent payable by long‑stay tenants in accordance with a set review date schedule; and

(b) the long‑stay tenant was given written notice of the set review date schedule before the long‑stay agreement was made.

(4) A notice of increase of rent that has been given in accordance with this section and has not been withdrawn by the park operator varies the long‑stay agreement to the effect that the increased rent specified in the notice is payable under the agreement from the day specified in the notice.

(5) This section does not apply in respect of an agreement if, and to the extent that, the agreement expressly excludes or limits it.

31. Variation of rent on the basis of current market rent

If a long‑stay agreement provides for a review of rent on a market rent basis then, when calculating the amount of rent to be payable on and after the review date, the park operator must have regard to a report obtained for the purpose by the park operator from a person licensed under the Land Valuers Licensing Act 1978.

Penalty: a fine of $5 000.

Division 4 — Terms of long‑stay agreements

32. Terms of long‑stay agreements — Schedule 1

(1) Schedule 1 applies with respect to the terms of long‑stay agreements.

(2) A long-stay agreement may exclude, modify or restrict any, or all, of the following terms set out in Schedule 1 —

(a) term 1 (vacant possession);

(b) term 2 (no legal impediment to occupation of tenanted premises);

(d) term 6 (responsibility for damage);

(e) term 7 (park operator’s responsibility for cleanliness and repairs);

(f) term 8 (compensation where tenant sees to repairs);

(g) term 10 (tenant’s conduct on premises);

(h) term 12 (locks);

(i) term 13 (park operator’s right of entry);

(j) term 14 (tenant’s right to remove fixtures or alter premises);

(k) term 15 (rates, taxes and charges paid by park operator);

(l) term 16 (provision for assigning or sub‑letting the premises);

(m) term 17 (tenant’s vicarious responsibility for breach of agreement).

Part 3 — Termination of long‑stay agreements

Division 1 — Termination of agreements generally

33. How long‑stay agreements are terminated

(1) If a long‑stay tenant or park operator gives a notice of termination of a long‑stay agreement, the agreement is terminated when both of the following events have happened —

(a) the period of notice, or any shorter or longer period agreed between the tenant and the park operator, has ended; and

(b) the tenant has given vacant possession of the agreed premises to the park operator.

(2) A long‑stay agreement for a fixed term is terminated when both of the following events have occurred —

(a) the fixed term has ended; and

(b) the tenant has given vacant possession of the agreed premises to the park operator.

(3) In any other case, a long‑stay agreement ends when —

(a) the State Administrative Tribunal terminates the agreement under Part 5;

(b) a person whose title is superior to the title of the park operator becomes entitled to possession of the agreed premises;

(d) the long‑stay tenant abandons the agreed premises;

(e) the long‑stay tenant gives vacant possession of the premises under a written agreement with the park operator to end the long‑stay agreement; or

(f) the rights under the agreement of the park operator or the long‑stay tenant are ended by merger.

34. Terms of continued long‑stay agreement

If a long‑stay agreement continues beyond the day on which it would upon its terms have ended as a result of the passage of time or the happening of an event, the same terms as last applied before that day continue to apply unless the terms are modified by the State Administrative Tribunal under Part 5.

35. Withholding rent in anticipation of release of security bond

A long‑stay tenant must not fail or refuse to pay any rent due under a long‑stay agreement with the intention that the park operator will recover the amount of the rent from the security bond paid by the tenant.

Penalty: a fine of $5 000.

36. Failure to give vacant possession at end of fixed term

Failure by a long‑stay tenant under a long‑stay agreement for a fixed term to give vacant possession of the agreed premises to the park operator at the end of the fixed term does not constitute a breach of the agreement.

37. Form of default notice

A default notice must —

(a) be in writing signed by the park operator;

(b) identify the agreed premises; and

38. Form of notice of termination

A notice of termination must —

(a) be in writing;

(b) be signed by the person who is giving the notice;

(d) include the prescribed information (if any).

Division 2 — Notice of termination by park operator

39. Termination by park operator for non‑payment of rent

(1) If a long‑stay tenant does not pay rent in accordance with the long‑stay agreement, the park operator may give to the tenant, in accordance with this section —

(a) a notice of termination; or

(b) a default notice and, if the rent is not paid in full on or before the specified day in the default notice, a notice of termination.

(2) A notice of termination under subsection (1)(a) or (b) must —

(a) specify the amount of rent outstanding;

(b) specify the day on which the park operator requires the long‑stay tenant to give vacant possession of the agreed premises to the park operator;

(c) tell the tenant that, if the amount is not paid in full on or before the specified day, the park operator is entitled to terminate the agreement under this Act; and

(d) comply with section 38.

(3) A default notice under subsection (1)(b) must —

(a) specify the amount of rent outstanding;

(b) specify the day on or before which the park operator requires the amount to be paid;

(c) tell the long‑stay tenant that, if the amount is not paid in full on or before the specified day, the park operator is entitled to give to the tenant a notice of termination under this Act; and

(d) comply with section 37.

(4) The following provisions apply where the park operator gives a default notice to the long‑stay tenant under subsection (1)(b) —

(a) the day specified in the default notice must be at least 14 days after the day on which the default notice was given to the tenant;

(b) if the park operator also gives the tenant a notice of termination under subsection (1)(b), the day specified in the notice of termination must be at least 7 days after the specified day in the default notice;

(c) if the park operator makes an application to the State Administrative Tribunal under section 66 in relation to the notice of termination, the application may be heard and determined even if the rent is paid in full before the time set down for hearing the application.

(5) The following provisions apply where the park operator gives a notice of termination to the long‑stay tenant under subsection (1)(a) without having first given a default notice under subsection (1)(b) —

(a) the day specified in the notice of termination must be at least 7 days after the day on which the notice of termination is given to the tenant;

(b) if the park operator makes an application to the State Administrative Tribunal under section 66 in relation to the notice of termination, the park operator must withdraw the application if the rent and the amount of the filing fee for the application are both paid in full more than 24 hours before the time set down for hearing the application.

(6) The day specified in a notice of termination given under subsection (1)(a) or (b) 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.

40. Termination by park operator for other breaches

(1) If a long‑stay tenant breaches a term of the long‑stay agreement (except a term for the payment of rent) the park operator may give a default notice to the tenant.

(2) The default notice must —

(a) describe the breach and state when it occurred;

(b) specify a day on or before which the breach must be remedied;

(c) tell the long‑stay tenant that, if the breach is not remedied on or before the specified day, the park operator is entitled to terminate the agreement under this Act; and

(d) comply with section 37.

(3) The day specified in the default notice must be at least 14 days after the day on which the notice is given to the long‑stay tenant.

(4) If the breach is not remedied on or before the day specified in the default notice or within any further time agreed between the park operator and the long‑stay tenant, the park operator may give a notice of termination to the long‑stay tenant.

(5) The notice of termination must —

(a) state the grounds for giving the notice;

(b) specify the day on or before which the park operator requires the long‑stay tenant to give vacant possession of the agreed premises to the park operator; and

(6) The day specified in the notice of termination must be at least 7 days after the day on which the notice was given to the long‑stay tenant.

(7) The day specified in the notice of termination 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.

41. Termination if vacant possession required on sale of park

(1) A park operator may give a notice of termination to a long‑stay tenant on the grounds that the park operator has entered into a contract for the sale of park premises and is required under the contract to give vacant possession of the agreed premises.

(2) The notice of termination must —

(a) state that the park operator intends to terminate the long‑stay agreement under this section;

(b) specify the day on or before which the park operator requires the long‑stay tenant to give vacant possession of the agreed premises to the park operator; and

(3) The specified day must be —

(a) for an on‑site home agreement — at least 60 days after the day on which the notice is given; and

(b) for a site‑only agreement — at least 180 days after the day on which the notice is given.

(4) The specified day may be —

(a) a day earlier than the last day of the term of a fixed term tenancy; or

(b) a day earlier than the last day of a period of a periodic tenancy.

(5) A park operator must not knowingly give a notice of termination that falsely claims or falsely implies that grounds exist for terminating the agreement under this section.

Penalty: a fine of $10 000.

42. Termination by park operator without grounds

(1) A park operator may give a notice of termination to a long‑stay tenant to terminate the long‑stay agreement without grounds.

(2) The notice of termination must —

(a) state that the park operator intends to terminate the long‑stay agreement under this section;

(b) specify the day on or before which the park operator requires the long‑stay tenant to give vacant possession of the agreed premises to the park operator; and

(3) The specified day must be —

(a) for an on‑site home agreement — at least 60 days after the day on which the notice is given;

(b) for a site‑only agreement — at least 180 days after the day on which the notice is given; and

(4) The specified day may be a day earlier than the last day of a period of a periodic tenancy.

(5) Unless the State Administrative Tribunal otherwise orders under section 74, a notice of termination under this section is of no effect if —

(a) an application for an order under section 63(1) fixing the maximum rent for the agreed premises has been made but has not been heard and determined; or

(b) an order under section 63(3) is in force in respect of the agreed premises.

43. Notice not waived by acceptance of rent

A demand for, any proceeding for the recovery of, or acceptance of, rent by a park operator after the park operator has become aware of a breach by the long‑stay tenant of a term of the long‑stay agreement (except a breach of a term for the payment of rent) or has given the tenant notice of termination under this Act does not operate as a waiver of the breach or of the notice.

Division 3 — Notice of termination by tenant

44. Termination by tenant without grounds

(1) A long‑stay tenant may give a notice of termination to the park operator to terminate the long‑stay agreement without grounds.

(2) The notice of termination must —

(a) specify the day on which the tenant intends to give vacant possession of the agreed premises to the park operator; and

(b) comply with section 38.

(3) The specified day must be —

(a) at least 21 days after the day on which the notice is given to the park operator; and

(b) if the long‑stay agreement is for a fixed term — not before the end of the fixed term.

Division 4 — Notice of termination by park operator or tenant — agreement frustrated

45. Termination if agreement frustrated

(1) This section applies if agreed premises or shared premises —

(a) become uninhabitable or unusable for the intended purpose otherwise than as a result of a breach of the long‑stay agreement;

(b) cease to be lawfully usable for the intended purpose; or

(2) The rent payable under the long‑stay agreement is abated appropriately.

(3) Either party to the long‑stay agreement may give a notice of termination to the other.

(4) The notice of termination must —

(a) state that the person giving the notice intends to terminate the long‑stay agreement under this section;

(b) specify the day on which the agreement is to be terminated; and

(5) If the park operator gives the notice of termination to the long‑stay tenant, the specified day must be at least 7 days after the day on which the notice is given.

(6) If the long‑stay tenant gives the notice of termination to the park operator, the specified day must be at least 2 days after the day on which the notice is given.

(7) In either case the specified day 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.

Division 5 — Compensation

46. When long‑stay tenant is entitled to compensation

(1) A long‑stay tenant under a long‑stay agreement for a fixed term is entitled to compensation for loss incurred as a result of the termination of the long‑stay agreement —

(a) under section 41 (termination if vacant possession required on sale of park);

(b) under section 42 (termination by park operator without grounds);

(d) under an order under section 73 (termination on grounds of hardship to park operator).

(2) The amount payable is the amount agreed between the long‑stay tenant and the park operator or, if the parties cannot agree, the amount determined by the State Administrative Tribunal on an application under section 65.

47. When is a park operator entitled to compensation

If a long‑stay tenant abandons the agreed premises, the park operator is entitled to compensation by the tenant for any loss (including loss of rent) incurred by the park operator as a result of the abandonment.

Division 6 — Abandoned goods

48. Disposing of goods abandoned by tenant

(1) Goods that are or were owned by, or under the control of, a long‑stay tenant may be treated as abandoned goods if they remain on the agreed premises for more than 2 days after the day on which the long‑stay agreement was terminated.

(2) The park operator may remove and destroy or otherwise dispose of abandoned goods if —

(a) the goods are perishable foodstuffs; or

(b) the cost of the removal, storage and sale of the goods is or is likely to be more than the estimated value of the goods.

(3) If abandoned goods cannot be dealt with under subsection (2), the park operator must store them appropriately in a safe place for at least 60 days.

(4) Within 7 days after storing the abandoned goods, the park operator must —

(a) send a notice to the long‑stay tenant or former long‑stay tenant in accordance with the regulations; and

(b) arrange for the notice or a summary of the notice to be published in a newspaper circulating generally throughout Western Australia.

(5) If the abandoned goods are not reclaimed within 60 days after the day on which they were put into storage, the park operator must as soon as practicable arrange for the goods to be sold at public auction.

(6) At the request of the park operator, the Commissioner may state in writing whether or not in his or her opinion there are reasonable grounds for believing that subsection (1) applies in respect of particular goods.

49. Tenant’s right to reclaim abandoned goods put into storage

A person who has a legal right to goods put into storage under section 48(3) may reclaim the goods at any time before they are sold under section 48(5) on payment to the park operator of an amount equal to the costs reasonably incurred by the park operator in removing the goods from the agreed premises and storing them.

50. Title acquired by purchaser of abandoned goods

If abandoned goods are sold in accordance with section 48(5) then, unless the purchaser of the abandoned goods has actual notice of any interest in the goods of any person except the former long‑stay tenant, the purchaser acquires a good title to the goods which defeats any such interest.

51. Park operator’s liability for abandoned goods

If the park operator is found liable to the long‑stay tenant for abandoned goods that were destroyed or otherwise disposed of, but the park operator establishes that he or she dealt with the goods in reliance on a statement of the Commissioner to the effect that, in the Commissioner’s opinion, there are reasonable grounds for believing that section 48(2) applies to the goods, then the park operator is entitled to be paid an amount equal to the amount of the liability out of the Rental Accommodation Fund.

52. Disposition of proceeds of sale of abandoned goods

When abandoned goods are sold under section 48(5), the park operator is entitled to retain out of the proceeds of the sale an amount equal to the sum of —

(a) the reasonable costs of removing, storing and selling the goods; and

(b) any amount owed to the park operator by the long‑stay tenant under the long‑stay agreement.

Division 7 — Miscellaneous provisions

53. Duty of mitigation following breach of agreement

The rules under the law of contract relating to mitigation of loss or damage upon breach of a contract apply to a breach of a long‑stay agreement.

54. No recovery of vacant possession during tenancy period

A person must not enter the agreed premises during the tenancy period for the purpose of recovering possession of the premises or part of them from the long‑stay tenant, whether the entry is effected peaceably or otherwise, except in accordance with an order of the State Administrative Tribunal.

Penalty: a fine of $20 000.

Part 4 — Other matters related to residential parks

Division 1 — Sale of relocatable homes on site

55. Long‑stay tenant’s right to sell relocatable home on site

(1) It is a term of a site‑only agreement that the long‑stay tenant is entitled to sell a relocatable home owned by the tenant while it is in place on the agreed premises, unless the agreement expressly provides that on site sales are prohibited.

(2) The long‑stay tenant is entitled to display a “for sale” sign, but must comply with any term of the site‑only agreement or the park rules that reasonably restricts the size and placement of the sign.

(3) Before offering the relocatable home for sale, or displaying a “for sale” sign, the long‑stay tenant must tell the park operator of the tenant’s intention to offer the home for sale while it is on the agreed premises.

(4) If the long‑stay tenant is permitted under the site‑only agreement to assign the tenant’s rights under the agreement to a third party, the tenant must also tell the park operator whether the tenant intends to assign those rights to the purchaser of the relocatable home.

56. Park operator’s obligations

If the park operator has been told of the long‑stay tenant’s intentions in accordance with section 55(3) and (4), the park operator must not unreasonably restrict potential buyers —

(a) from inspecting the relocatable home; and

(b) if the tenant intends to assign his or her rights under the agreement — from inspecting the shared premises.

Penalty: a fine of $20 000.

57. When park operator acts as agent in sale on site

(1) A park operator may act as a selling agent for a long‑stay tenant who wishes to sell a relocatable home on the agreed premises if the park operator and the tenant make a written agreement for the park operator to do so.

(2) The park operator is entitled to be paid a reasonable commission by the long‑stay tenant when the relocatable home is sold.

(3) The selling agency agreement between the park operator and the long‑stay tenant must specify the amount of the commission to be paid, or the method of calculating the amount.

(4) However, no commission is payable if the relocatable home is not sold or if it is sold otherwise than as a result of the agency of the park operator under the selling agency agreement.

58. Park operator’s authority to act as selling agent

(1) When a park operator acts as a selling agent under a selling agency agreement, the park operator is not required to hold —

(a) a licence of an agent under the Real Estate and Business Agents Act 1978; or

(b) a dealer’s licence under the Motor Vehicle Dealers Act 1973.

(2) However, when the park operator receives any money under the selling agency agreement (except commission payable to the park operator under the agreement) the park operator must —

(a) deposit the money in a separate ADI account opened in the name of the park operator and the long‑stay tenant and entitled “sale trust account”; and

(b) when the sale is completed, pay the proceeds at the direction of the tenant after deducting in accordance with the selling agency agreement any amounts owing to the park operator by way of expenses or commission.

(3) The Real Estate and Business Agents Act 1978 section 68(2), (3), (4), (5) and (6) apply to the sale trust account as if a reference in those subsections to an agent and to a trust account were a reference to the park operator and to the sale trust account respectively.

Division 2 — Park liaison committees

59. Establishment of park liaison committee

(1) If a residential park has 20 or more long‑stay sites, the park operator must convene and maintain a park liaison committee for the park in accordance with section 60.

Penalty: a fine of $5 000.

(2) It is a defence to a prosecution for an offence under subsection (1) that the park operator took all reasonable steps to convene and maintain a park liaison committee.

60. Constitution of park liaison committee

(1) A park liaison committee consists of —

(a) one or more long‑stay tenants of the residential park, chosen by the other long‑stay tenants of the park to represent the interests of long‑stay tenants; and

(b) one or more representatives of the park operator.

(2) There must be more members of the park liaison committee who are representatives of the long‑stay tenants than there are members who are representatives of the park operator.

(3) The Commissioner may make and publish guidelines with respect to —

(a) choosing the members of a park liaison committee who are representatives of the long‑stay tenants; and

(b) the procedures to be observed at meetings of a park liaison committee.

61. Functions of a park liaison committee

(1) The principal objective of a park liaison committee is to assist the park operator to maintain and improve the lifestyle and wellbeing of persons who use the residential park as their sole or principal place of residence.

(2) The park liaison committee’s functions are —

(a) to advise and consult with the park operator about the following —

(i) the preparation of park rules and amendments of the rules;

(ii) the development of guidelines for the standards of behaviour applicable to the residents of the residential park;

(iii) the development of policies for the improvement and maintenance of the natural environment and the amenities of the residential park;

(iv) any other matter prescribed by the regulations;

(b) to assist the park operator —

(i) to ensure that the park rules are observed by park residents;

(ii) to resolve disputes between park residents; and

(iii) to resolve disputes between park residents and the park operator;

and

(3) In this section —

“park resident” means —

(a) a long‑stay tenant; or

(b) a person who occupies agreed premises in accordance with the long‑stay agreement and with the permission of the long‑stay tenant.

Part 5 — State Administrative Tribunal powers

Division 1 — General provisions

62. Breaches of agreement and other disputes

(1) This section applies in relation to a party to any of the following —

(a) an agreement for an option to enter into a long‑stay agreement;

(b) a long‑stay agreement;

(2) The party may apply to the State Administrative Tribunal for relief if —

(a) a breach of the agreement has occurred; or

(b) any other dispute has arisen under or in connection with the agreement or in connection with any payment to be made under or in connection with the agreement.

(3) On hearing an application under subsection (2) or another provision of this Part, the State Administrative Tribunal may give such directions and make such orders as it considers appropriate.

(4) Without limiting subsection (3), the State Administrative Tribunal may do any or all of the following —

(a) restrain any action in breach of a long‑stay agreement;

(b) require any action in performance of a long‑stay agreement;

(c) revoke or alter a park rule, or give directions modifying the operation of a park rule in relation to a long‑stay tenant;

(d) order the payment of any amount payable under a long‑stay agreement;

(e) order the payment of compensation to a long‑stay tenant or prospective long‑stay tenant for loss arising from a failure of the park operator to comply with section 11(1);

(f) order the repayment to a party to a long‑stay agreement of an amount paid by the party to the other party under a mistake of law or fact;

(g) order the payment of compensation for loss or injury (except personal injury) caused by a breach of the agreement or by breach of an order of the tribunal or a court;

(h) determine the amount of rent payable under a long‑stay agreement, having regard to the terms of the agreement;

(i) authorise the payment to the tribunal of an amount of rent payable under the agreement until the agreement has been complied with, or an application for compensation has been determined;

(j) order that rent paid to the tribunal is to be paid out, towards the cost of remedying a breach of the agreement, or towards the amount of any compensation, or otherwise as the tribunal considers appropriate;

(k) make such other orders as the tribunal considers appropriate.

63. Orders for reduction of rent

(1) A long‑stay tenant may apply to the State Administrative Tribunal for an order reducing the amount of rent payable for the agreed premises on the grounds —

(a) that since the long‑stay agreement was entered into, or was last renewed or extended, there has been, without any default on the part of the tenant, a significant reduction in the size or quality of the agreed premises, or in the number or quality of the chattels provided with the agreed premises, or in the extent or quality of the shared premises or the facilities provided as part of the shared premises; or

(b) that in determining the amount of rent payable for the agreed premises the park operator was wholly or partly motivated by a desire for the tenancy to be terminated.

(2) An application may be made whether or not a long‑stay tenant has paid or agreed to pay the amount of rent the subject of the application.

(3) The State Administrative Tribunal may order that the amount of rent payable for the agreed premises is reduced if satisfied that —

(a) the grounds of the application are made out; and

(b) the amount is excessive in the circumstances.

(4) When deciding whether or not to make an order, the State Administrative Tribunal may have regard to —

(a) the amounts of rent generally payable for comparable premises in the locality or a similar locality;

(b) the estimated capital value of the agreed premises at the date of the application;

(d) the estimated cost of any services provided by the park operator or the long‑stay tenant under the long‑stay agreement;

(e) the value and nature of any chattels provided for the use of the tenant with the agreed premises or as part of the shared premises;

(f) the standard and nature of the facilities and amenities that are available for the use of the tenant as part of the shared premises;

(g) in the case of an on‑site home agreement — the standard of accommodation and amenities provided in the agreed premises and the state of repair and general condition of the agreed premises; and

(h) any other relevant matter.

(5) When the State Administrative Tribunal makes the order, it must —

(a) specify the maximum amount of rent payable by the long‑stay tenant for the agreed premises;

(b) specify the day on and after which the reduced amount is payable, being a day not earlier than the day on which the tenant applied for the reduction in rent; and

64. Orders when premises abandoned by tenant

(1) The park operator may apply to the State Administrative Tribunal for a declaration that a long‑stay tenant has abandoned the agreed premises.

(2) The State Administrative Tribunal may make the declaration if there are reasonable grounds for believing that the long‑stay tenant has abandoned the agreed premises.

(3) If the State Administrative Tribunal makes the declaration, the tribunal —

(a) must specify in it the day on which the long‑stay tenant is to be taken to have abandoned the agreed premises; and

(b) may specify the amount of compensation to which the park operator is entitled under section 47.

65. Determination of compensation payable to long‑stay tenant

(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 may have regard to the following —

(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 carrying 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;

(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 his or her 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;

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

Division 2 — Orders relating to vacant possession

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;

(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

(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.

67. Orders for vacant possession at end of fixed term

(1) This section applies where —

(a) the fixed term under a long‑stay agreement for a fixed term has ended;

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

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

(a) an order terminating the 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.

68. Orders for vacant possession on other grounds

(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 specified day.

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

(a) an order terminating the 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 specified day.

(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 agreement, or taken steps to secure or enforce his or her rights as a tenant under the agreement;

(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 him or her, complained to a public authority about the park operator’s conduct in relation to the agreement, or taken steps to secure or enforce his or her 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 specified day must be no later than 7 days after the day on which the order is made.

(10) The Limitation Act 1935 does not apply to an application under this section.

69. Orders for compensation to park operator for holding over

(1) A park operator is entitled to compensation for any loss (including loss of rent) incurred by the park operator as a result of the tenant’s failure to comply with an order for vacant possession made by the State Administrative Tribunal.

(2) The park operator may apply to the State Administrative Tribunal for an order for compensation.

(3) An application must be made within 30 days after the day specified in the order as the day on which the tenant was to give vacant possession of the agreed premises.

(4) The State Administrative Tribunal may order the tenant to pay to the park operator the amount to which the park operator is entitled under subsection (1).

70. Tenant’s protection against holder of superior title

(1) The State Administrative Tribunal must not make an order for recovery of possession of agreed premises unless the tribunal is satisfied —

(a) as to whether or not a person has possession of the agreed premises as a long‑stay tenant under a long‑stay agreement or as a former tenant holding over after the termination of a long‑stay agreement, not being the immediate tenant or former tenant of the applicant for the order; and

(b) if so, that the tenant or former tenant has had reasonable notice of the application.

(2) A person who has possession of the agreed premises as described in subsection (1) may apply to the State Administrative Tribunal for an order vesting a tenancy of the agreed premises in the person.

(3) An application under subsection (2) may be made within a reasonable time after the person has notice of the proceedings for the recovery of possession, or notice of the making of the order for recovery of possession, as the case may be.

(4) The State Administrative Tribunal may make an order vesting the tenancy in the applicant on such terms and conditions as the tribunal thinks appropriate.

Division 3 — Orders relating to termination of agreements

71. Orders to terminate agreement if tenant is causing damage or injury

(1) A park operator may apply to the State Administrative Tribunal for an order terminating a long‑stay agreement on the grounds that the long‑stay tenant has intentionally or recklessly caused or permitted, or is likely, intentionally or recklessly, to cause or permit —

(a) serious damage to park premises; or

(b) injury to the park operator or to an agent of the park operator, or to any other person lawfully on park premises.

(2) The State Administrative Tribunal may make the order if satisfied that the grounds are made out.

(3) If the State Administrative Tribunal makes the order, it must also order the long‑stay tenant to give vacant possession of the agreed premises to the park operator.

(4) An order under this section takes effect immediately.

72. Orders to terminate agreement for breach by park operator

(1) A long‑stay tenant may apply to the State Administrative Tribunal for an order to terminate the long‑stay agreement on the grounds that the park operator has breached a term of the agreement.

(2) The State Administrative Tribunal may make the order if it is satisfied that —

(a) the grounds are made out; and

(b) the breach is in all the circumstances such as to justify terminating the long‑stay agreement.

(3) The State Administrative Tribunal must specify in the order the day on which the long‑stay tenant is to give vacant possession of the agreed premises to the park operator.

73. Termination on grounds of hardship to park operator

(1) A park operator may apply to the State Administrative Tribunal for an order under subsection (2).

(2) The State Administrative Tribunal may make an order terminating a long‑stay agreement if satisfied that the park operator would, in the circumstances of the case, suffer undue hardship if required to terminate the agreement under any other provision of this Act.

(3) The State Administrative Tribunal must specify in the order the day on which the long‑stay tenant is to give vacant possession of the agreed premises to the park operator.

74. Tribunal’s power during fair rent proceedings

For the purposes of section 42(5), the State Administrative Tribunal may, on the application of a park operator, authorise the park operator to give a notice of termination to a long‑stay tenant under section 42(1) if the tribunal is satisfied that the park operator is not wholly or partly motivated to give the notice of termination by an application made by the tenant for an order under section 63, or by the making or effect of an order that is in force under section 63.

Division 4 — Orders relating to abandoned goods

75. Disposing of proceeds of sale of abandoned goods

(1) Where the proceeds of the sale of abandoned goods exceed the amount to which the park operator is entitled under section 52, the park operator may apply to the State Administrative Tribunal to determine the amount of the balance.

(2) If the amount specified in the determination is paid to the State Administrative Tribunal, the receipt of the tribunal for the amount is sufficient discharge to the park operator of the park operator’s liability in respect of the proceeds of the sale.

(3) Amounts paid to the State Administrative Tribunal are payable to the Rental Accommodation Fund.

76. Park operator’s claim if sale proceeds insufficient

(1) Where the proceeds of the sale of abandoned goods are insufficient to meet the costs of removing, storing and selling the goods, the park operator may apply to the State Administrative Tribunal for an order under subsection (2).

(2) The State Administrative Tribunal may make an order for the payment to the park operator of an amount equal to the difference between the proceeds of the sale and the reasonable costs of removing, storing and selling the goods if —

(a) the park operator has obtained a written statement from the Commissioner to the effect that, in the opinion of the Commissioner, section 48(2) does not apply to the goods; and

(b) the tribunal is satisfied that the amount of the costs exceeds the amount of the proceeds.

(3) The amount specified in the order is payable to the park operator out of the Rental Accommodation Fund.

77. Recovery by owner of value of goods sold

(1) If an amount of money is paid into the Rental Accommodation Fund from the proceeds of the sale of abandoned goods, a person who had a legal right to the goods before they were sold may apply to the State Administrative Tribunal for the amount to be paid to him or her.

(2) The State Administrative Tribunal may order the amount to be paid to the applicant out of the Rental Accommodation Fund if satisfied that the applicant is entitled to it.

Division 5 — Miscellaneous provisions

78. Meaning of “original party” in this Division

In this Division —