Residential Parks (Long-stay Tenants) Amendment Regulations 2021 (WA)
ISSN 2204-4264 (online)
| PERTH, FRIDAY, 3 DECEMBER 2021 | No. 204 SPECIAL |
PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER
© STATE OF WESTERN AUSTRALIA
Residential Parks (Long-stay Tenants) Act 2006
Residential Parks (Long-stay Tenants) Amendment Regulations 2021
SL 2021/205
Made by the Governor in Executive Council.
1. Citation
These regulations are the Residential Parks (Long-stay Tenants)
Amendment Regulations 2021.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day on which the Residential Parks (Long-stay Tenants) Amendment
Act 2020 section 4 comes into operation.
3. Regulations amended
These regulations amend the Residential Parks (Long-stay
Tenants) Regulations 2007.
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4. Regulations 3 to 11 replaced
Delete regulations 3 to 11 and insert:
3. Term used: security bond amount
In these regulations —
security bond amount means a security bond or part of
a security bond.4. Subdivided residential parks not required to have park liaison committee (Act s. 9A)
If the land on which a residential park is situated is
subdivided by a strata titles scheme under the Strata
Titles Act 1985, or a community scheme under the
Community Titles Act 2018, the residential park is
exempt from section 59 of the Act.5. Standard-form agreements (Act s. 10A)
For the purposes of section 10A of the Act —
(a) the standard-form agreement set out in Schedule 1 is prescribed for site-only agreements; and (b) the standard-form agreement set out in Schedule 2 is prescribed for on-site home agreements.
6. Information about fees to be provided (Act s. 11(1))
A written schedule of fees showing the nature and
amount of all fees currently payable by a tenant to the
park operator is a required document for the purposes
of paragraph (e) of the definition of required
documents in section 11(1) of the Act.
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7. Property condition reports (Act s. 11(1) and 95(2)(a))
(1) The following documents are inspection sheets for the purposes of section 95(2)(a) of the Act —
(a) if the long-stay agreement is an on-site home agreement — a property condition report in the
form set out in Schedule 5 clauses 1, 2, 3 and 4;
(b) if the long-stay agreement is a site-only agreement — a property condition report in the
form set out in Schedule 5 clauses 2, 3 and 4.
(2) If a park operator intends to enter into a long-stay
agreement with a proposed tenant in relation toproposed agreed premises, the park operator must —
(a) complete all those parts of the property condition report for the premises that record the park operator’s opinion of the condition of the
premises before the commencement of the
tenancy; and(b) give 2 copies of that report to the proposed tenant.
Penalty for this subregulation: a fine of $5 000.
(3) The copies referred to in subregulation (2)(b) are
required documents for the purposes of paragraph (e)
of the definition of required documents in
section 11(1) of the Act.(4) Within 7 days after the tenant takes up occupation of the premises, the tenant must —
(a) complete those parts of the property condition report that record the tenant’s opinion of the
condition of the property at the commencement
of the tenancy; and
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give a copy of that report to the park operator. Penalty for this subregulation: a fine of $5 000.
(b)
(5) As soon as practicable after the tenancy is terminated, the park operator and former tenant must each —
(a) complete those parts of the property condition report that record their opinion of the condition of the property after the termination of the tenancy; and (b)
give a copy of the report to the other party. Penalty for this subregulation: a fine of $5 000.
(6) A person must not provide information in a property
condition report that the person knows, or ought to
know, is false or misleading.Penalty for this subregulation: a fine of $5 000. 8. Types of fees that may be charged (Act s. 12(1)(e)(i))
(1) For the purposes of section 12(1)(e)(i) of the Act, a
park operator may charge a tenant the following types
of fees for services or facilities provided by the parkoperator under a long-stay agreement —
(a) fees for a person residing on a temporary basis on the agreed premises, other than a person who is a carer for a tenant on the premises, in the circumstances set out in subregulation (2); (b) if the tenant has a separate water meter — fees for water consumed by the tenant;
(c) if the tenant has a separate electricity meter — fees for electricity consumed by the tenant;
(d) if the tenant has a separate gas meter — fees for gas consumed by the tenant;
(e) if the tenant has a separate phone line — fees for phone calls made by the tenant;
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(f) fees for access by the tenant to an internet service provided to the tenant; (g) fees for gardening services provided to the tenant; (h) fees for storage services provided to the tenant; (i) fees for additional parking spaces provided to the tenant;
(j)
fees for the servicing of an air-conditioning unit used by the tenant;
(k)
fees for the cleaning of the gutters on the relocatable home in which the tenant resides;
(l)
fees to cover the cost of a replacement key, remote control entry device or other security device.
(2) For the purposes of subregulation (1)(a), the
circumstances are that the number of persons residing
on the agreed premises at a particular time (excluding
any person who is a carer for a tenant on the premises)
exceeds the maximum number of persons who may use
the agreed premises as their principal place of
residence under the long-stay agreement.9. Manner of giving document about voluntary sharing arrangement (Act s. 13A(2)(b))
The document referred to in section 13A(2)(b) of the
Act must be given at the same time as the required
documents (as defined in section 11(1) of the Act) are
given to the tenant under section 11 of the Act.10. Additional security bond amount in relation to pets (Act s. 21(2)(b))
For the purposes of section 21(2)(b) of the Act, the
amount is $260.
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11. Urgent repairs (Act s. 32M)
For the purposes of the definition of essential service
in section 32M(1) of the Act, each of the followingservices is an essential service — (a) electricity;
(b) gas;
(c) water, including the supply of hot water; (d)
sewerage, a septic tank or other waste management treatment;
(e)
a functioning refrigerator, if supplied with the agreed premises.
11A. Giving notice before end of fixed term
(Act s. 32R(3))For the purposes of section 32R(3) of the Act, the park
operator must give the tenant the written notice on aday that is —
(a) for a site-only agreement — (i) if the tenancy period is 2 years or
less — at least 60 days before the end of
the tenancy period; or
(ii) if the tenancy period is more than
2 years — at least 180 days before the
end of the tenancy period;
or
(b) for an on-site home agreement — at least 60 days before the end of the tenancy period.
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5. Regulation 12 amended
In regulation 12(2) delete “an agreement —” and insert:
a long-stay agreement —
Note: The heading to amended regulation 12 is to read:
Default notice (Act s. 37(c))
6. Regulation 13 replaced
Delete regulation 13 and insert:
13. Notice of termination (Act s. 38(2))
For the purposes of section 38(2) of the Act, a notice given under section 45A(1) of the Act must be in the form set out in Schedule 10.
7. Regulation 14 replaced
Delete regulation 14 and insert:
13B. Prescribed goods (Act s. 47A(b)) For the purposes of section 47A(b) of the Act, a
caravan in relation to which a notice has been given
under the Caravan Parks and Camping Grounds
Regulations 1997 Part 6 is a prescribed good.14.
Notice to former tenant about abandoned goods (Act s. 48(4)(b)(i))
For the purposes of section 48(4)(b)(i) of the Act, a
notice or a summary of a notice to a former tenant
about abandoned goods stored by a park operator must
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be published in a newspaper circulating generally in the
State.
14A. Matters that must be included in park rules
(Act s. 54B(1)(a))
(1) For the purposes of section 54B(1)(a) of the Act, park
rules for a residential park must provide for thefollowing matters —
(a) restrictions on the making of noise; (b) the parking of motor vehicles; (c) the conduct and supervision of children; (d) the use and operation of common facilities; (e)
the storage of goods by tenants outside agreed premises;
(f) the residential park’s office hours; (g) the cleaning of gutters;
(h) tree maintenance;(i) emergency procedures;
(j) the keeping of pets.
Penalty for this subregulation: a fine of $5 000.
(2) Despite subregulation (1), park rules are not required to provide for a matter set out in that subregulation if —
(a)
scheme by-laws as defined in the Strata Titles Act 1985 section 3(1) provide for the matter in relation to the tenants of the residential park; or
(b)
scheme by-laws as defined in the Community Titles Act 2018 section 3(1) provide for the matter in relation to the tenants of the residential park.
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14B. Making or altering park rules (Act s. 54C(2))
(1) If a park operator intends to make or alter the park
rules for the residential park, the park operator must
first give each tenant written notice (the first notice) in
the approved form of the proposal (the rule proposal)
to make or alter the park rules.(2) A tenant may give the park operator written comments
in relation to the rule proposal within 14 days (the
feedback period) after the day on which the first notice
is given.(3) The park operator must consider any written comments
given under subregulation (2) within 28 days (the
consultation period) after the end of the feedback
period.(4) If tenants from at least 10% of the long-stay sites object
to the rule proposal or part of the rule proposal during
the feedback period, the park operator must consult
with those tenants and the park liaison committee (if
any) during the consultation period as to whether
changes should be made to the rule proposal.(5) As soon as practicable after the consultation period
ends, the park operator must give each tenant writtennotice (the final notice) of —
(a) the final version of the rule proposal; or (b) the park operator’s decision not to proceed with the rule proposal.
(6) If a final notice is given under subregulation (5)(a), the
rule proposal takes effect at the end of the period of
7 days after the final notice is given.(7) If the making or altering of a park rule is required under another written law —
(a) subregulations (1) to (6) do not apply; and
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For the purposes of section 57(1)(b) of the Act, a
selling agency agreement must include thethe park operator must give written notice in before the day on which the rule proposal is to take effect. (b)
14C. Selling agency agreement requirements
(Act s. 57(1)(b))following —
(a)
details of the relocatable home (including the location and, if known, the make and model number of the relocatable home);
(b) details of the residential park; (c)
the time period during which the selling agency agreement applies;
(d)
the services that are to be provided by the selling agent;
(e)
details of any sale commission, amount for incidental expenses or other valuable consideration to be provided by the tenant under the selling agency agreement, including how amounts are to be calculated and paid.
14D. Voting to form park liaison committee
(Act s. 59(1A))
(1) For the purposes of section 59(1A) of the Act, the
manner in which a vote under section 59(1)(b) of theAct must be held is —
(a)
at a meeting in accordance with subregulation (2); or
(b)
by way of written ballot in accordance with subregulation (3).
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(2) If a vote is to be taken at a meeting —
(a) the park operator must give each tenant written notice of the meeting at least 14 days before the meeting is to be held; and (b) a tenant may cast a vote in person or by duly appointed proxy; and (c) for tenants who cast a vote in person — the vote must be conducted by a show of hands of
those present and entitled under
subregulation (4) to vote; and(d) for tenants who cast a vote by proxy — (i) the tenant must notify the park operator before the meeting of their intention to vote by proxy; and
(ii) the proxy may cast a vote on behalf of the tenant by indicating their vote to the park operator.
(3) If a vote is to be taken by way of written ballot, the park operator must —
(a) distribute 1 ballot paper to each long-stay site; and (b) include the following information with the ballot paper —
(i) the purpose of the ballot;
(ii) the closing date for the ballot, which must be at least 7 days after the day on which the ballot paper was distributed;
(iii) details on how to return the completed ballot paper.
(4) One tenant per long-stay site is entitled to cast a vote. (5) The park operator must hold a vote under section 59(1)(b) of the Act —
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(a)
at least once every 5 years but not more frequently than once every 12 months; and
(b)
subject to paragraph (a), if a request is made by tenants from at least 30% of the long-stay sites.
14E. Members of park liaison committee (Act s. 60(3))
(1) For the purposes of section 60(3) of the Act, the
manner in which the park liaison committee membersthat represent tenants must be chosen is as follows —
(a) the park operator must give each tenant written notice about the following —
(i) that they may nominate themselves or another tenant to be a member of the park liaison committee;
(ii) the date by which such a nomination must be received, which must be at least 7 days after the day on which the notice is given;
(b) for a residential park with 100 or fewer long-stay sites —
(i) if there are 5 or fewer nominees, those nominees are taken to be elected as members; and
(ii) if there are 6 or more nominees, the number of votes at the meeting referred to in subregulation (2) are elected as members;
(c) for a residential park with more than 100 long-stay sites —
(i) if there are 8 or fewer nominees, those nominees are taken to be elected as members; and
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(ii) if there are 9 or more nominees, the number of votes at the meeting referred to in subregulation (2) are elected as members.
(2) A vote that is held for the purposes of subregulation (1) or (4) must be held as follows —
(a) the vote must be conducted at a meeting to which all tenants have been invited by the park operator; (b) the park operator must give at least 7 days’ written notice of the meeting to each tenant;
(c) one tenant per long-stay site is entitled to cast a vote; (d) the vote must be conducted by a show of hands of those entitled to vote, unless a secret ballot is agreed to by a majority of the tenants present at the meeting; (e) if 2 or more nominees receive an equal number of votes in relation to a vacancy —
(i) another vote may be held for the nominees with the equal number of votes; and
(ii) if the number of votes is still equal, a member may be elected by random draw from the nominees with the equal number of votes;
(f)
in the event of a secret ballot, the park operator must keep the ballots for 14 days after the vote is held.
(3) A member holds office for a term not exceeding
2 years but is eligible for re-election.
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(4) A member may be removed from office, at any time,
by a vote that is held in accordance with
subregulation (2).(5) A person ceases to be a member of the committee if —
(a) the person’s term as a member ends; or (b) the person resigns; or
(c)
the person is removed under subregulation (4); or
(d)
the person ceases to be a tenant of the residential park; or
(e) the person dies.
(6) If a person is removed under subregulation (4) or
ceases to be a member under subregulation (5),
subregulations (1)(a) and (2) apply in relation to filling
that vacancy.
8. Regulation 16 amended
In regulation 16 delete “his or her” and insert:
the tenant’s
Note: The heading to amended regulation 16 is to read:
Prescribed matters relating to compensation determination
(Act s. 65(2)(e))
9. Regulation 16A inserted
After regulation 16 insert:
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16A. Service by electronic means (Act s. 91(1)(c)) For the purposes of section 91(1)(c) of the Act, a
document may be sent by email to the email address
provided by the person.10. Regulation 17 amended
(1) In regulation 17(2) delete “section 92(a)” and insert: section 102(1)(a) (2) In regulation 17(3):
(a) delete “section 92(b)” and insert: section 102(1)(b)
(b) delete “Fund” and insert: Account
(3) In regulation 17(4) delete “section 92(c)” and insert: section 102(1)(c) Note: The heading to amended regulation 17 is to read:
Interest on security bond amount paid into ADI account
(Act s. 102)
11. Regulation 18 amended
(1) In regulation 18(1):
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(a) delete “sections 92(e) and 94(c)” and insert: section 94(c)
(b) delete “a bond holder” and insert: the bond administrator
(2) In regulation 18(2):
(a) in paragraph (a) delete “Commissioner” and insert: bond administrator
(b) in paragraph (a) before “agreement” insert: long-stay
(c) delete “holder” and insert: administrator
Note: The heading to amended regulation 18 is to read:
Disposal of security bond amounts: general (Act s. 94(c))
12. Regulation 19 amended
(1) In regulation 19(1) delete the definition of DOTAG. (2) Delete regulation 19(2) and insert:
(2) Subregulations (3) to (6) apply if the bond administrator —
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(a)
has reason to believe that 6 months have elapsed since the termination of a long-stay agreement; and
(b)
a security bond amount held in respect of that long-stay agreement has not been paid out in accordance with regulation 18.
(3) In regulation 19(3):
(a) delete “holder” (1st occurrence) and insert: administrator
(b) in paragraph (a) delete “holder” and insert: administrator
(c) in paragraph (a) before “agreement” insert: long-stay
(d) in paragraph (a) delete “holder; and” and insert: administrator; and
(e) in paragraph (c) delete “holder” and insert: administrator
(4) In regulation 19(4):
(a) delete “holder,” and insert: administrator,
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(b) delete “holder” and insert: administrator
(5) Delete regulation 19(6) and insert:
(6) Regulation 18(2) and (3) apply to a security bond
amount while it is in the Unclaimed Security Bond
Account.(6) In regulation 19(7):
(a) delete “chief executive officer of DOTAG” and insert: bond administrator
(b) delete “Residential Accommodation Fund” and insert: Rental Accommodation Account
Note: The heading to amended regulation 19 is to read:
Disposal of unclaimed security bond amounts (Act s. 94(c))
13. Regulations 20 and 21 deleted
Delete regulations 20 and 21.
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14. Regulations 23 to 28 inserted
After regulation 22 insert:
23. Prescribed offences and modified penalties
(1) The offences specified in Schedule 11 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2. (2) The modified penalty specified opposite an offence in
Schedule 11 is the modified penalty for that offence for
the purposes of the Criminal Procedure Act 2004
section 5(3).24. Authorised officers and approved officers
(1) The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2. (2) The Commissioner must issue to each authorised
officer a certificate, badge or identity card identifying
the officer as a person authorised to issue infringement
notices.25. Forms
For the purposes of the Criminal Procedure Act 2004
Part 2 —
(a)
Schedule 12 Form 1 is the prescribed form for an infringement notice; and
(b)
Schedule 12 Form 2 is the prescribed form for the withdrawal of an infringement notice.
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26. Transitional provision for giving notices before end of fixed term (Act s. 32R(3))
(1) In this regulation — commencement day means the day on which the Residential Parks (Long-stay Tenants) Amendment Act 2020 section 31 comes into operation; relevant period means —
(a) in the case of a site-only agreement — (i) if the tenancy period is 2 years or
less — 60 days before the end of the
tenancy period; or
(ii) if the tenancy period is more than
2 years — 180 days before the end of
the tenancy period;
(b) in the case of an on-site home agreement — 60 days before the end of the tenancy period.
(2) This regulation applies if —
(a)
a fixed term long-stay agreement is in force immediately before commencement day; and
(b)
the commencement day is during the relevant period.
(3) A park operator is taken to have complied with
section 32R(3) of the Act if the park operator gives the
tenant the written notice as soon as practicable after
commencement day.
27. Transitional provision for security bond amounts (Act s. 102(1)(e))
(1) In this regulation — authorised deposit-taking institution has the meaning
given in section 99 of the Act.
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(2) For the purposes of section 102(1)(e) of the Act, a
security bond amount held in an ADI account under
section 101(1) of the Act must be paid out in
accordance with regulations 18 and 19(2) to (6).(3) For the purposes of subregulation (2), regulations 18
and 19(2) to (4) apply as if a reference to the bond
administrator were a reference to the authorised
deposit-taking institution.28. Transitional provision for existing park rules (Act s. 116)
(1) In this regulation — commencement day means the day on which the Residential Parks (Long-stay Tenants) Amendment Act 2020 section 53 comes into operation; existing park rules means park rules in force
immediately before commencement day.(2) Sections 54A(2), 54B and 63B(2)(d) of the Act apply
to existing park rules on and from the day that is
12 months after commencement day.
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15. Schedules 1 to 4 replaced
Delete Schedules 1 to 4 and insert:
Schedule 1 — Standard-form site-only agreement
[r. 5(a)]
IMPORTANT INFORMATION FOR TENANTS
This long-stay agreement is regulated by the Residential Parks (Long-stay
Tenants) Act 2006 (the Act).This long-stay agreement is to lease a site in a residential park and gives you rights to use shared premises in the park.
You must also be provided with a copy of the information booklet on park living approved by the Commissioner for Consumer Protection (the information booklet). This information booklet sets out your rights and responsibilities as a tenant under the Act.
This long-stay agreement may, in certain limited circumstances set out in the Act, be terminated. The information booklet sets out further information about termination.
If this long-stay agreement is for a fixed term, this long-stay agreement may finish at the end of the term (with no extension).
You may be required to remove the relocatable home at your cost when this long-stay agreement ends. Further information can be found in the information booklet.
Before signing this long-stay agreement you should —
seek independent legal, financial or other advice; and read the information booklet; and
make sure that any non-standard terms are satisfactory and that you understand how they affect you. (The non-standard terms are set out in a separate part at the end of this long-stay agreement.)
References in this long-stay agreement to sections (for example, s. 32H)
are references to relevant sections of the Act.
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TERMS
1. Definitions
In this long-stay agreement —
Act means the Residential Parks (Long-stay Tenants) Act 2006;
agreed premises means the site, any structures on the site that the tenant is entitled to use or occupy under this long-stay agreement, and any fixtures, fittings or chattels that are provided under this long-stay agreement for the exclusive use of the tenant;
park operator means the party referred to in clause 4;
Regulations means the Residential Parks (Long-stay Tenants)
Regulations 2007;
relocatable home, in relation to a site, means a vehicle, building, tent or
other structure that is fitted or designed for use as a residence (whether or
not it includes bathroom or toilet facilities) and that is or can be parked,assembled or erected on the site;
residential park or park means the residential park referred to in clause 3;
shared premises, in relation to the residential park, means —
(a) the common areas, structures and amenities in the park that the park all tenants; and
(b)
any fixtures, fittings or chattels in or on the common areas, structures or amenities;
site means the site referred to in clause 3;
tenant means a party referred to in clause 6;
voluntary sharing arrangement means an agreement under clause 13 that
the tenant will pay —
(a) rent on a deferred basis; or
(b) a share of the sale price (either the total sale price or the capital gain) when the relocatable home is sold; or (c) an exit fee (either fixed or determined by formula) if the home is sold or removed from the site.
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2. Long-stay agreement
This long-stay agreement is made between the park operator and the tenant/s.
The park operator grants the tenant/s the right —
(a) to occupy the site; and (b) to position a relocatable home on the site; and (c) to non-exclusive use of the shared premises. 3. Residential park and site details
Park Park name: Park address: Site Site location (site number or other description): Area of site:
Plan attached? □ Yes □ No 4. Park operator’s details
Park operator’s name:
Business address:
Phone:
Email address (if any):
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Does the park operator accept notices and other documents by email?
□ Yes □ No If park operator Nominated contact (name and position / title): is a body corporate Business address (if different from above): Contact details (including out-of-hours): 5. Managing agent’s details (if applicable)
Managing agent’s name:
Managing agent’s address:
Phone:
Email (if any):
Does the managing agent accept notices and other documents by email?
□ Yes □ No 6. Tenant details
Tenant name (1):
Address for service of documents (if different from site address):
Phone:
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Email (if any):
Does the tenant (1) accept notices and other documents by email?
□ Yes □ No Place of occupation:
Address:
Tenant name (2):
Address for service of documents (if different from site address):
Phone:
Email (if any):
Does the tenant (2) accept notices and other documents by email?
□ Yes □ No Place of occupation:
Address:
Note: If there are additional tenants, insert details below. 7. Number of residents
(1) The maximum number of persons who may
use a relocatable home on the site as their
principal place of residence(2) The maximum number of additional persons
who may reside on a temporary basis in a
relocatable home on the site
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(3) Is the tenant required to pay a fee for persons □ Yes □ No residing on a temporary basis in the agreed premises (i.e. visitors’ fees)? (If yes, complete subclauses (4) to (6).) (4) When will visitors’ fees be payable? (Specify circumstances in which a visitors’ fee must be paid, for example if a visitor stays for
more than a minimum period of time.)(5) Amount of the visitors’ fee $.….….….… per night / week / fortnight / month*
(*Delete as
appropriate.)
(6) How is the visitors’ fee to be paid? □ at the same time and in the same
manner as therent
□ other (please
specify)
…………….…
………………
………………
………
Note: Tenants are not required to pay visitors’ fees unless the number of persons residing on the agreed premises at a particular time
exceeds the maximum number of persons who may use the agreed
premises as their principal place of residence under the long-stay
agreement.Visitors’ fees cannot be charged for a carer of a tenant.
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8. Term of long-stay agreement
(1) * This long-stay agreement is periodic starting on ……./……./….... * This long-stay agreement is for a fixed term
starting on ……./……./….... ending on ……./……./…....
(*Delete as appropriate.)
(2) Options to renew □ Not applicable □ Options as follows: Length of option.….…years.……months Length of option.….…years.……months
Note: A fixed term long-stay agreement sets out the period of time for
which a tenant rents the site. At the expiry of a fixed termlong-stay agreement the tenant’s right to live at the park ends, unless otherwise agreed with the park operator. Prior to the end of the term, the park operator must give the tenant notice about whether the park operator intends to renew the long-stay
agreement.
A periodic long-stay agreement does not specify a time period
for the long-stay agreement, but may be ended by either party in
certain circumstances, for example if the park operator sells the
park. Further information about how a long-stay agreement
may be terminated is set out in the information booklet. The tenant may be required to remove the home at their own
cost when the long-stay agreement ends. Further information onwhen this may occur is provided in the information booklet. 9. Rent
(1) Rent per week / fortnight / month*
$.….…………
(*Delete as appropriate.)
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Note: Other fees may be payable including visitors’ fees and fees for utilities and other services. (2) Method of payment
□ Cash □ Cheque □ EFTPOS □ Credit card □ Deduction from pension □ Direct deposit into specified financial institution □ Other (please specify) ..………………………… (3) Rent payment day (4) Location of rent payment (if applicable)
(5) Rent in advance
The tenant agrees to pay before or during the first 2 weeks of the
tenancy an amount of $.….………
Note: This amount must not be more than 2 weeks’ rent. (6) The tenant agrees to pay the rent on time. (7) The park operator must give the tenant a rent receipt within 3 days of
rent being received unless the rent is paid into an account in afinancial institution nominated by the park operator. 10. Rent variation (1)
Is rent variation allowed? □ Yes □ No (2) Basis for variation
For example —
• a percentage change; or • a change by a set amount; or • a variation in CPI (the all groups of Statistics).
consumer price index for Perth
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(3) Review dates or frequency Note: The park operator must give at least 60 days’ notice of a rent variation.
The minimum interval for rent reviews is 12 months for a
site-only agreement. If it is the practice of the park operator to review the rent
payable by tenants in accordance with a set review date
schedule and the tenant has been given written notice of that
schedule before the making of this long-stay agreement, this
clause can set the first review date earlier than the required
12 months from the beginning of the tenancy. A single basis for review must be specified for each review date.
Different bases for calculating rent may be specified for
different review dates. Review based on market rent is not
permitted. This clause cannot provide that the rent payable on and after a review date is not reduced if the amount calculated on the basis specified for that review date is less than the amount that was payable under this long-stay agreement immediately before the
review date. In certain circumstances the park operator may increase rent to cover significant increases in the costs of operating the park or significant unforeseen repair costs. In these circumstances the park operator must give special notice about the proposed increase and if tenants do not agree to the increase in rent the
matter may be decided by the State Administrative Tribunal.
Further information about this process is set out in theinformation booklet. 11. Services and facilities
(1) If a service or facility set out below is provided by the park operator,
and the cost of that service or facility is not covered by rent, the fee
for that service or facility is payable by the tenant during the term of
this long-stay agreement in relation to the agreed premises.
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Service or facility Fee Frequency
(if applicable) (if applicable)
Electricity □ None (covered by rent) □ provided by park □ Charged based on operator consumption cost □ must be arranged (separately metered) separately by the
$………… per ……
tenant with a third
party
□ not available
Gas □ None (covered by rent) □ provided by park □ Charged based on operator consumption (separately □ must be arranged metered) separately by the
$………… per ……
tenant with a third
party
□ not available
Water □ None (covered by rent) □ provided by park □ Charged based on operator consumption (separately □ must be arranged metered) separately by the
$………… per ……
tenant with a third
party
□ not available
Phone □ None (covered by rent) □ provided by park □ Fixed fee (separate operator phone line) $…………
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□ must be arranged □ Charged based on separately by the consumption (separate tenant with a third phone line) party $………… per …… □ not available
Details:………………
………………………
Internet □ None (covered by rent) □ provided by park □ Fixed fee $………… operator
□ Charged based on use
□ must be arranged (specify) ………… separately by the
……………………
tenant with a third
$…………………
party
□ not available
Details:………………
………………………
Gardening (e.g. □ None (covered by rent) mowing) □ Fixed fee $………… □ provided by park operator □ Other (specify) …
…………………
□ must be arranged
separately by the $………………… tenant with a third
party□ not available
Details:………………
………………………
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Other (specify)
$.….….….…
$.….….….…
$.….….….…
(2) If a fee set out above is imposed by a State agency or instrumentality
and is varied by that agency or instrumentality, the amount payable
by the tenant for that fee under this long-stay agreement will vary
accordingly.Note: The park operator must not require payment of any additional fees (permitted under the Act and Regulations) unless they are set out, and agreed to by the tenant, in this long-stay agreement. The Act and Regulations limit the types of fees that may be charged in addition to rent and bond. Details of these permitted fees are set
out in the information booklet.For utilities (electricity, gas, water), a tenant can only be required to pay the park operator for usage if this is separately metered. The fee that a park operator can charge for a service or facility is limited to the amount that is necessary to recover the reasonable costs of providing the tenant the service or facility, or other such reasonable amount. 12. Security bond
The following security bond must be paid by the tenant on signing this
long-stay agreement (not more than 4 weeks’ rent) $…………………
13. Voluntary sharing arrangements
(1) Is a voluntary sharing arrangement available for the site?
□ Yes □ No (See clause 1 for definition of voluntary sharing arrangement.)
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(2) If yes, select 1 of the following: □ Deferred rent (fixed amount), payable on termination $ ………… □ Deferred rent (determined by formula), payable on termination (specify formula) …………………………………………………
…………………………………………………………………….
□ Exit fee (fixed amount) if relocatable home is sold $ ……………
□ Exit fee (determined by formula) if relocatable home is sold
(specify formula) …………………………………………………
…………………………………………………………………….
□ Share in capital gain if relocatable home is sold on-site ………..%
□ Share of total sale price if relocatable home is sold on-site …….%
(3) In return for any agreed voluntary sharing arrangement, the tenant
will receive the following benefit:Note to The park operator may be required to offer an alternative “rent tenant: only” long-stay agreement (i.e. a long-stay agreement that charges rent that is no more than what you are currently paying,
or what tenants of similar sites are paying, whichever isgreater) — see section 13A of the Act. If so, it is your choice as to which long-stay agreement to sign. You may wish to seek
independent financial advice.See the additional document (supplied by the park operator) which sets out voluntary sharing arrangement examples for an indication of how the voluntary sharing arrangement will operate for this long-stay agreement. 14. Children
Are children permitted to live at the agreed premises? □ Yes □ No
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Note: Under section 20 of the Act it is illegal for a park operator to
refuse to enter into a long-stay agreement (or advertise or
otherwise indicate an intention to refuse, or instruct another
person to refuse) on the ground that a child will live on the agreedpremises unless —
the park has age restrictions and its long-stay agreements do
not permit children to live at agreed premises; or the residential park is operated under a licence under the Caravan Parks and Camping Grounds Act 1995 and the
licence permits the park operator to include such a term in the
long-stay agreement.
15. Pets
(1) Are tenants allowed to keep pets at the agreed premises?
□ Yes □ No (If yes, complete subclauses (2) and (3).)
(2) Number and type of pets:
(3) Restrictions and rules on keeping of pets:
Note: The keeping of pets is also subject to any local laws for the relevant district.
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16. Shared premises
(1) The following shared facilities and services are provided at the park:
□ Mail facilities □ Bowling green
□ Clubroom / community □ Tennis court
hall □ Library
□ Swimming pool
□ Storage area for boats /
□ Gymnasium caravans
□ BBQ facilities □ Vegetable garden
□ Workshop □ On-site caretaker □ Other (please list)
(2) Restrictions on use of shared premises (including the shared facilities
and services provided at the park):(3) Are any facilities or services available only on a user-pays basis and
not covered by the rent?
□ Yes □ No (If yes, list facilities or services and current cost.) (4)
May the park operator make changes to the residential park resulting in a reduction of the shared premises if at least 75% of the tenants at the park support the changes?
□ Yes □ No Note: Under the Act the State Administrative Tribunal may make an
order for a reduction in rent if there is a significant reduction inthe extent or quality of the shared premises at the park.
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17. Assignment and sub-letting (s. 32O)
(1) Assignment
(a) Is the tenant permitted to assign their interest under this long-stay agreement? □ Yes □ No
(b) If yes, is the written consent of the park operator required?
□ Yes □ No (2) Sub-letting
(a) Is the tenant permitted to sub-let the agreed premises?
□ Yes □ No (b) If yes, is the written consent of the park operator required?
□ Yes □ No (3) Additional conditions on assignment or sub-letting: (4) Unless otherwise specified above, the tenant may assign the tenant’s rights and obligations under this long-stay agreement or sub-let the agreed premises only with the written consent of the park operator.
(5) If the park operator’s consent is required for assignment or sub-letting —
(a) the park operator must not unreasonably withhold consent; and (b) the park operator must not charge any fee for giving the consent except for reasonable incidental expenses.
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18. Affixing fixtures and making alterations (s. 32I)
(1) Agreed premises
(a)
Is the tenant permitted to affix a fixture or make a renovation, alteration or addition to the agreed premises?
□ Yes □ No
(b) If yes, the tenant must obtain the park operator’s written consent when, or immediately before, the tenant affixes the fixture or
makes the renovation, alteration or addition.(2) Exterior of the relocatable home or other structure
(a)
Is the tenant permitted to affix a fixture or make a renovation, alteration or addition to the exterior of the relocatable home or the exterior of any other structure?
□ Yes □ No
(b) If yes, is the consent of the park operator required?
□ Yes □ No (c) If yes, the tenant must obtain the park operator’s written consent when, or immediately before, the tenant affixes the fixture or
makes the renovation, alteration or addition.Note: See clause 32 for further details on consent for affixing fixtures or making alterations. 19. Relocation of relocatable home
(a) Does the park operator reserve the right to relocate the tenant’s relocatable home to a reasonably comparable site in the
residential park, if it is reasonably necessary to do so?
□ Yes □ No
(b)
If yes, the park operator must pay the tenant compensation for reasonable financial loss resulting from the requirement to relocate.
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Note: See the information booklet for examples of compensation to be paid to the tenant due to relocation. 20. Sale of relocatable home
(1) The tenant is permitted to sell a relocatable home owned by the
tenant while it is in place on the site.(2) The tenant is entitled to display a “for sale” sign, but must comply with the following requirements about size and placement of a sign: (3) The following restrictions also apply to the sale of the relocatable
home:(4) The tenant is not required to nominate the park operator as the selling
agent in relation to the sale of the relocatable home.Note: If the buyer of a relocatable home intends to use or occupy the
home on the site, the sale of the home will be conditional upon the
buyer entering into a long-stay agreement with the park operatoror the assignment of the tenant’s rights and obligations under the long-stay agreement to the buyer. 21. Park rules
The tenant and park operator agree to comply with the attached park rules
as amended from time to time in accordance with the Regulations.
22. No unilateral variation
Neither the park operator nor the tenant can vary this long-stay agreement
unilaterally.
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23. Termination of long-stay agreement
This long-stay agreement can only be terminated in certain circumstances
and in accordance with the Act.
Note: Details of the laws in relation to termination of long-stay agreements are set out in the information booklet. 24. Notices — how given
(1) A notice under this long-stay agreement must be given in accordance
with the Act and the Regulations.(2) A notice from the tenant to the park operator may be given to the
managing agent.(3)
A party to this long-stay agreement may withdraw their consent to a notice being given or sent by email by giving a written notice to that effect to each other party to this long-stay agreement.
Note: Details of how notices are to be given are set out in the information booklet.
STANDARD TERMS
Part 2 Division 5 of the Act contains standard terms which are included in all long-stay agreements and which cannot be modified or varied. The clauses below are indicative of those standard terms. Please refer to the
Act for the current standard terms.
25. Vacant possession (s. 32B)
Vacant possession of the agreed premises must be given to the
tenant on the day on which the tenant is entitled under the long-stayagreement to take up occupation of the agreed premises.
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26. No legal impediment to occupation of tenanted premises (s. 32C)
(1) At the time of entering into the long-stay agreement —
(a) the park operator is not aware of a legal impediment to the tenant’s lawful enjoyment of the agreed premises for the
period of the long-stay agreement; and
(b) there is no legal impediment to the tenant’s lawful enjoyment that the park operator ought reasonably to have known about.
(2) In this clause — tenant’s lawful enjoyment, of the agreed premises, means the tenant’s lawful occupation of the agreed premises as a residence or use of the agreed premises for the period of the long-stay
agreement.27. Quiet enjoyment (s. 32D)
(1) The tenant has a right to quiet enjoyment of the agreed premises without interruption by the park operator or any person claiming by, through or under the park operator or having superior title to that of the park operator. (2) The park operator must not cause or permit any interference with
the reasonable peace, comfort or privacy of the tenant in the use by
the tenant of the agreed premises or the reasonable use by the
tenant of the shared premises.(3) The park operator must take all reasonable steps to enforce the
obligation of any other tenant of the park operator not to cause or
permit any interference with the reasonable peace, comfort or
privacy of the tenant in the use by the tenant of the agreed premises
or the reasonable use by the tenant of the shared premises.28. Park operator’s right of entry (s. 32E)
(1) In this clause — reasonable time means —
(a) between 8 am and 6 pm on a weekday; or (b) between 9 am and 5 pm on a Saturday; or
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(c)
at another time agreed between the park operator and each tenant.
(2) The park operator may only enter the agreed premises in the following circumstances —
(a)
if the tenant agrees at, or immediately before, the time of entry;
(b) in an emergency; (c) to meet the park operator’s obligations under a written law, if the park operator enters at a reasonable time and gives at least
24 hours’ written notice to the tenant;
(d) to inspect the agreed premises or for any other purpose, if the park operator enters at a reasonable time and gives the tenant written notice of at least 7 and not more than 14 days; (e) to carry out or inspect necessary repairs or maintenance, if the park operator enters at a reasonable time and gives at least 72 hours’ written notice to the tenant;
(f) to show the agreed premises to prospective tenants, if the park operator enters at a reasonable time and on a reasonable number of occasions during the 21 days before the long-stay agreement ends and gives the tenant reasonable written notice; (g) to show the agreed premises to prospective purchasers of the agreed premises, if the park operator enters at a reasonable time and on a reasonable number of occasions and gives the tenant reasonable written notice; (h) if the long-stay agreement makes provision for the collection of the rent at the agreed premises — to collect the rent once a
week, at a reasonable time;
(i) to inspect and secure the agreed premises if there are reasonable grounds for believing that the premises have been abandoned and the tenant has not responded to a notice from the park operator.
(3) The park operator may only enter other premises occupied by the tenant in the following circumstances —
(a) if the tenant agrees at, or immediately before, the time of entry;
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(b) in an emergency. 29. Conditions of park operator’s entry (s. 32F)
(1) When exercising a right of entry under clause 28, the park operator —
(a) must do so in a reasonable manner; and (b) must not, without the tenant’s consent, stay or permit others to stay on the premises longer than is necessary to achieve the
purpose of the entry.
(2) The park operator must compensate the tenant if the park operator
or any person accompanying the park operator causes damage tothe tenant’s property when exercising a right of entry under clause 28. (3) If it would unduly inconvenience the tenant for the park operator to
enter the agreed premises as specified in a notice given under
clause 28, the park operator must make a reasonable attempt to
negotiate a day and time for that entry that does not unduly
inconvenience the tenant.(4) The park operator may conduct up to 4 routine inspections under
clause 28(2)(d) in any 12-month period.(5) A written notice given to the tenant in relation to entry to the
agreed premises must be in the approved form and specify the day
of the entry and whether the entry will be before or after 12 pm on
that day.(6) If the park operator exercises the right of entry under
clause 28(2)(f) or (g), the tenant is entitled to be on the agreed
premises during the entry.30. Long-stay tenant’s conduct on premises (s. 32G)
The tenant must not —
(a)
cause or permit a nuisance anywhere in the residential park; and
(b) use the agreed premises or the shared premises, or cause or
permit them to be used, for an illegal purpose.
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31. Locks and security (s. 32H)
(1) The tenant must not alter, remove or add any lock or similar device
to the agreed premises or the shared premises without the consent
of the park operator given at, or immediately before, the time that
the alteration, removal or addition is carried out.(2) The park operator must not alter, remove or add any lock or similar
device to the agreed premises or to anything that belongs to the
tenant without the consent of the tenant given at, or immediately
before, the time that the alteration, removal or addition is carried
out.(3) The park operator must not alter, remove or add any lock or similar device to the shared premises without first notifying the tenant and providing the tenant with a means of access to the shared premises. 32. Removing fixtures and altering premises (s. 32I)
(1) If clause 18 provides that the tenant may, with the park operator’s consent, affix a fixture or make a renovation, alteration or addition —
(a) the park operator must not unreasonably withhold consent; and (b) at any time while the tenant’s right to occupy the agreed premises continues, the tenant may remove any fixture that the
tenant has, with the park operator’s consent, affixed to the
agreed premises, unless the removal of the fixture would cause
irreparable damage to the agreed premises; and
(c) if the tenant’s removal of a fixture causes damage to the agreed premises, the tenant must notify the park operator and,
at the option of the park operator, repair the damage or
compensate the park operator for any reasonable expenses
incurred by the park operator in repairing the damage.
(2) If the park operator wishes to affix any fixture or make any renovation, alteration or addition to the agreed premises, then —
(a) the park operator must obtain the tenant’s consent when, or immediately before, the park operator affixes the fixture or
makes the renovation, alteration or addition; and
(b) the tenant must not unreasonably withhold such consent.
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(3)
The tenant may affix a prescribed fixture or make prescribed alterations to the agreed premises if necessary to prevent the commission of family violence.
(4) For the purposes of subclause (3) —
(a)
the cost of making the prescribed alterations must be borne by the tenant; and
(b) the tenant must give written notice to the park operator of the
tenant’s intention to make the prescribed alterations; and
(c) work on the prescribed alterations must be undertaken by a qualified tradesperson, a copy of whose invoice the tenant must provide to the park operator within 14 days of the alterations being completed; and
(d) the prescribed alterations must be effected having regard to the age and character of the property and any applicable strata company by-laws; and (e) the tenant must restore the agreed premises to their original condition at the end of the long-stay agreement if the park operator requires the tenant to do so and, if restoration work has been undertaken by a tradesperson, must provide to the park operator a copy of that tradesperson’s invoice within
14 days of that work being performed.
33. Long-stay tenant’s responsibility for cleanliness and repair
(s. 32J)
The tenant must —
(a) keep the site and the exterior of the relocatable home on the site in a reasonable state of cleanliness; and (b) keep the relocatable home on the site in a reasonable state of repair so it is fit to live in. 34. Long-stay tenant’s responsibility for damage (s. 32K)
(1) The tenant must not intentionally or negligently cause or permit damage to the agreed premises or the shared premises.
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(2) The tenant must notify the park operator, as soon as practicable but
in any case within 3 days of the damage occurring, of anydamage —
(a) to the site or to any fittings or fixtures on the site; and (b) to the exterior of the relocatable home on the site. 35. Park operator’s responsibility for cleanliness and repairs
(s. 32L)
(1) The park operator must —
(a) provide the agreed premises and shared premises in a reasonable state of cleanliness; and (b) maintain the shared premises in a reasonable state of cleanliness; and (c) provide and maintain the agreed premises and shared premises in a reasonable state of repair having regard to the age, character and prospective life of the premises; and (d) comply with any other written laws that apply in relation to the park residents.
(2) If the park operator carries out work to comply with the park operator’s obligations under subclause (1), the work must be carried out —
(a)
as soon as reasonably practicable and in a manner that minimises disruption to the residents; and
(b)
at an appropriate standard having regard to the age, character and prospective life of the agreed premises or shared premises; and
(c) if the work is carried out on agreed premises and the park operator must enter the agreed premises — in accordance with
clauses 28 and 29.
36. Urgent repairs (s. 32M)
(1) In this clause — essential service means a service prescribed in the Regulations as electricity, gas, water (including the supply of hot water), sewerage,
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a septic tank or other wastewater management treatment, and a
functioning refrigerator (but only if supplied with the agreedpremises);
suitable repairer, in relation to urgent repairs, means a person who
is suitably qualified, trained or, if necessary under a written law,licensed or otherwise authorised, to undertake the urgent repairs;
urgent repairs, in relation to agreed premises, means repairs to the
premises that are necessary —
(a) to supply or restore an essential service; or (b) to avoid — (i) exposing a person to the risk of injury; or
(ii) exposing property to damage; or
(iii) causing the tenant undue hardship or inconvenience.
(2) If a need for urgent repairs arises otherwise than as a result of the breach of the long-stay agreement by the tenant —
(a) the tenant must notify the park operator of the need for those repairs as soon as practicable after the need arises; and (b) the park operator must ensure that the repairs are carried out by a suitable repairer as soon as practicable after that notification. (3) The tenant may arrange for the urgent repairs to be carried out by a
suitable repairer to the minimum extent necessary to effect thoserepairs if —
(a) the tenant is unable to contact the park operator within — (i) in relation to urgent repairs for the supply or restoration of
an essential service — 24 hours; or
(ii) in relation to other urgent repairs — 48 hours or any longer
prescribed period;
or
(b) the tenant contacts the park operator about the need for the urgent repairs but the park operator fails to ensure that the repairs are carried out by a suitable repairer as soon as practicable after the notification.
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(4) If the tenant arranges for the urgent repairs to be carried out under subclause (3), the park operator must, as soon as practicable after the repairs are carried out, reimburse the tenant for the reasonable expense incurred in arranging for those repairs to be carried out. 37. Levies, rates, taxes and charges to be paid by park operator (s. 32N)
(1) The park operator must bear the cost of —
(a)
any contribution levied in respect of the agreed premises and shared premises under the Strata Titles Act 1985 or the Community Titles Act 2018; and
(b) all rates, taxes or charges imposed in respect of the agreed premises and shared premises under —
(i) the Land Tax Act 2002; and
(ii) the Local Government Act 1995; and
(iii) the Water Services Act 2012, except a charge for the volume of water consumed.
(2) Despite subclause (1), a term of the long-stay agreement or another
written contract, agreement, scheme, deed or other written
arrangement between the tenant and the park operator may provide
that the tenant indirectly pays, as a component of rent paid under
the long-stay agreement, a prescribed charge as defined in the Rates
and Charges (Rebates and Deferments) Act 1992 section 3(1).38. Long-stay tenant’s vicarious responsibility for breach of
long-stay agreement (s. 32P)
(1) The tenant is vicariously responsible for any act or omission of
another person who is lawfully on the agreed premises or the
shared premises, if the act or omission would have constituted a
breach of the long-stay agreement if done or omitted by the tenant.(2) However, subclause (1) does not extend to a person who is lawfully
on the agreed premises or the shared premises but whose authority
does not derive from the permission, express or implied, of thetenant.
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NON-STANDARD TERMS
Information for tenants
Non-standard terms are not prescribed by the Act, but are subject to negotiation between the parties to the long-stay agreement.
If a non-standard term is inconsistent with the Act or the Regulations, the Act or Regulations will prevail and the non-standard term will be void to the extent of any inconsistency.
Before signing this long-stay agreement a tenant should seek independent advice and ensure that the non-standard terms are appropriate for their
circumstances.
Non-standard terms (special conditions)
EXECUTION
By signing this long-stay agreement the parties agree to be bound by its
terms and conditions.
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Park operator or managing agent
Signatory (print name):
Signature: Date signed: Witness (print name): Signature: Date signed: Tenant (1) Signatory (print name): Signature: Date signed: Witness (print name): Signature: Date signed: Tenant (2) Signatory (print name): Signature: Date signed: Witness (print name): Signature: Date signed:
Cooling off period
Under section 18 of the Act, a tenant is entitled to rescind this long-stay agreement at any time within 5 working days after the date of this long-stay agreement. This time frame is extended if the park operator does not provide disclosure documents. However, a tenant cannot rescind this
long-stay agreement after taking up possession.
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TENANT’S CHECKLIST
The tenant acknowledges that they have been given a copy of each of these documents:
Disclosure statement
Property condition report
Park rules
Information booklet on park living approved by the Commissioner
for Consumer Protection
(Tenant to initial each box.)
Independent advice
□ I have obtained independent legal advice before signing this
long-stay agreement.□ I have decided not to obtain independent legal advice before signing this long-stay agreement. □ I have signed 2 copies of this long-stay agreement. Note:
The park operator is required to give the tenant a fully executed copy of the long-stay agreement within 21 days after it is signed
by the tenant, or as soon as reasonably practicable after that. Schedule 2 — Standard-form on-site home
agreement
[r. 5(b)]
IMPORTANT INFORMATION FOR TENANTS
This long-stay agreement is regulated by the Residential Parks (Long-stay
Tenants) Act 2006 (the Act).
This long-stay agreement is to lease a site and an on-site home in a
residential park and gives you rights to use shared premises in the park.
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You must also be provided with a copy of the information booklet on park living approved by the Commissioner for Consumer Protection (the information booklet). This information booklet sets out your rights and responsibilities as a tenant under the Act.
This long-stay agreement may, in certain limited circumstances set out in the Act, be terminated. The information booklet sets out further information about termination.
If this long-stay agreement is for a fixed term, this long-stay agreement may finish at the end of the term (with no extension).
Before signing this long-stay agreement you should —
seek independent legal, financial or other advice; and read the information booklet; and
make sure that any non-standard terms are satisfactory and that you understand how they affect you. (The non-standard terms are set out in a separate part at the end of this long-stay agreement.)
References in this long-stay agreement to sections (for example, s. 32H)
are references to relevant sections of the Act.
TERMS
1. Definitions
In this long-stay agreement—
Act means the Residential Parks (Long-stay Tenants) Act 2006;
agreed premises means the on-site home, the site, any structures on the
site that the tenant is entitled to use or occupy under this long-stay
agreement, and any fixtures, fittings or chattels that are provided under thislong-stay agreement for the exclusive use of the tenant;
on-site home means the relocatable home provided on the site by the park
operator under this agreement;
park operator means the party referred to in clause 4;
Regulations means the Residential Parks (Long-stay Tenants)
Regulations 2007;
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relocatable home, in relation to a site, means a vehicle, building, tent or
other structure that is fitted or designed for use as a residence (whether or
not it includes bathroom or toilet facilities) and that is or can be parked,assembled or erected on the site;
residential park or park means the residential park referred to in clause 3;
shared premises, in relation to the residential park, means —
(a) the common areas, structures and amenities in the park that the park all tenants; and
(b)
any fixtures, fittings or chattels in or on the common areas, structures or amenities;
site means the site referred to in clause 3;
tenant means a party referred to in clause 6;
voluntary sharing arrangement means an agreement under clause 13 that
the tenant will pay rent on a deferred basis.
2. Long-stay agreement
This long-stay agreement is made between the park operator and the tenant/s.
The park operator grants the tenant/s the right —
(a) to occupy the site; and (b) to occupy the relocatable home provided by the park operator on the site; and
(c) to non-exclusive use of the shared premises. 3. Residential park and site details
Park Park name: Park address:
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Site Site location (site number or other description): Area of site:
Plan attached? □ Yes □ No 4. Park operator’s details
Park operator’s name:
Business address:
Phone:
Email address (if any):
Does the park operator accept notices and other documents by email?
□ Yes □ No If park operator Nominated contact (name and position / title): is a body corporate Business address (if different from above): Contact details (including out-of-hours): 5. Managing agent’s details (if applicable)
Managing agent’s name:
Managing agent’s address:
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Phone:
Email (if any):
Does the managing agent accept notices and other documents by email?
□ Yes □ No 6. Tenant details
Tenant name (1):
Address for service of documents (if different from site address):
Phone:
Email (if any):
Does the tenant (1) accept notices and other documents by email?
□ Yes □ No Place of occupation:
Address:
Tenant name (2):
Address for service of documents (if different from site address):
Phone:
Email (if any):
Does the tenant (2) accept notices and other documents by email?
□ Yes □ No Place of occupation:
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Address:
Note: If there are additional tenants, insert details below. 7. Number of residents
(1) The maximum number of persons who may
use a relocatable home on the site as their
principal place of residence(2) The maximum number of additional persons
who may reside on a temporary basis in a
relocatable home on the site(3)
Is the tenant required to pay a fee for persons □ Yes □ No residing on a temporary basis in the agreed
premises (i.e. visitors’ fees)?
(If yes, complete subclauses (4) to (6).)
(4) When will visitors’ fees be payable?
(Specify circumstances in which a visitors’ fee
must be paid, for example if a visitor stays for
more than a minimum period of time.)(5)
Amount of the visitors’ fee $.….….….… per night / week / fortnight / month*
(*Delete as
appropriate.)
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(6) How is the visitors’ fee to be paid? □ at the same time and in the same
manner as therent
□ other (please
specify)
…………….…
………………
………………
………
Note: Tenants are not required to pay visitors’ fees unless the number of persons residing on the agreed premises at a particular time
exceeds the maximum number of persons who may use the agreed
premises as their principal place of residence under the long-stay
agreement.Visitors’ fees cannot be charged for a carer of a tenant. 8. Term of long-stay agreement
(1) * This long-stay agreement is periodic starting on ……./……./….... * This long-stay agreement is for a fixed term
starting on ……./……./….... ending on ……./……./…....
(*Delete as appropriate.)
(2) Options to renew □ Not applicable □ Options as follows: Length of option.….…years.……months Length of option.….…years.……months
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Note:
A fixed term long-stay agreement sets out the period of time for which a tenant rents the site and an on-site home. At the expiry
of a fixed term long-stay agreement the tenant’s right to live at the park ends, unless otherwise agreed with the park operator. tenant notice about whether the park operator intends to renew the long-stay agreement.
A periodic long-stay agreement does not specify a time period
for the long-stay agreement, but may be ended by either party in
certain circumstances, for example if the park operator sells the
park. Further information about how a long-stay agreementmay be terminated is set out in the information booklet. 9. Rent
(1) Rent per week / fortnight / month*
$.….…………
(*Delete as appropriate.)
Note: Other fees may be payable including visitors’ fees and fees for utilities and other services. (2) Method of payment
□ Cash □ Cheque □ EFTPOS □ Credit card □ Deduction from pension □ Direct deposit into specified financial institution □ Other (please specify) ..………………………… (3) Rent payment day (4) Location of rent payment (if applicable) (5) Rent in advance
The tenant agrees to pay before or during the first 2 weeks of the
tenancy an amount of $.….….….…
Note: This amount must not be more than 2 weeks’ rent. (6) The tenant agrees to pay the rent on time.
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(7) The park operator must give the tenant a rent receipt within 3 days of
rent being received unless the rent is paid into an account in afinancial institution nominated by the park operator. 10. Rent variation (1)
Is rent variation allowed? □ Yes □ No (2) Basis for variation
For example —
• a percentage change; or • a change by a set amount; or • a variation in CPI (the all groups of Statistics).
consumer price index for Perth
(3) Review dates or frequency Note: The park operator must give at least 60 days’ notice of a rent variation.
The minimum interval for rent reviews is 6 months for an on-site
home agreement. If it is the practice of the park operator to review the rent
payable by tenants in accordance with a set review date
schedule and the tenant has been given written notice of that
schedule before the making of this long-stay agreement, this
clause can set the first review date earlier than the required
6 months from the beginning of the tenancy. A single basis for review must be specified for each review date.
Different bases for calculating rent may be specified for
different review dates. Review based on market rent is notpermitted.
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This clause cannot provide that the rent payable on and after a review date is not reduced if the amount calculated on the basis specified for that review date is less than the amount that was payable under this long-stay agreement immediately before the
review date. In certain circumstances the park operator may increase rent to cover significant increases in the costs of operating the park or significant unforeseen repair costs. In these circumstances the park operator must give special notice about the proposed increase and if tenants do not agree to the increase in rent the
matter may be decided by the State Administrative Tribunal.
Further information about this process is set out in theinformation booklet.
premises continues, the tenant may remove any fixture that the
tenant has, with the park operator’s consent, affixed to the
agreed premises, unless the removal of the fixture would cause
irreparable damage to the agreed premises; and
(c) if the tenant’s removal of a fixture causes damage to the agreed premises, the tenant must notify the park operator and,
at the option of the park operator, repair the damage or
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compensate the park operator for any reasonable expenses
incurred by the park operator in repairing the damage.
(2) If the park operator wishes to affix any fixture or make any renovation, alteration or addition to the agreed premises, then —
(a) the park operator must obtain the tenant’s consent when, or immediately before, the park operator affixes the fixture or
makes the renovation, alteration or addition; and
(b) the tenant must not unreasonably withhold such consent.
(3)
The tenant may affix a prescribed fixture or make prescribed alterations to the agreed premises if necessary to prevent the commission of family violence or to prevent entry onto the agreed
premises of an excluded tenant whose interest in the long-stay agreement has been terminated under section 74B of the Act.
(4) For the purposes of subclause (3) —
(a)
the cost of making the prescribed alterations must be borne by the tenant; and
(b) the tenant must give written notice to the park operator of the tenant’s intention to make the prescribed alterations; and
(c) work on the prescribed alterations must be undertaken by a qualified tradesperson, a copy of whose invoice the tenant must provide to the park operator within 14 days of the alterations being completed; and
(d) the prescribed alterations must be effected having regard to the age and character of the property and any applicable strata company by-laws; and (e) the tenant must restore the agreed premises to their original condition at the end of the long-stay agreement if the park operator requires the tenant to do so and, if restoration work has been undertaken by a tradesperson, must provide to the park operator a copy of that tradesperson’s invoice within
14 days of that work being performed.
(5) The tenant may, with the park operator’s consent, affix furniture or
a thing to affix furniture to the wall of the on-site home for the
purpose of ensuring the safety of a child or person with a disability.
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(6) For the purposes of subclause (5) —
(a) the park operator may only refuse consent — (i) if affixing the item to the wall would disturb material containing asbestos; or
(ii) for a prescribed reason;
and
(b) unless the park operator agrees otherwise in writing, the tenant must remove the item from the wall when the tenant vacates the on-site home and either —
(i) restore the wall to its original condition; or
(ii) compensate the park operator for any reasonable expenses incurred by the park operator in doing that restoration;
and
(c) the cost of affixing the item to the wall, removing it and restoring the wall to its original condition, must be borne by the tenant; and (d) if the tenant causes damage to the on-site home when affixing or removing the item or restoring the wall to its original condition —
(i) the tenant must notify the park operator in writing that damage has been caused to the on-site home; and
(ii) the park operator may require the tenant to repair the damage and restore the on-site home to its original condition or compensate the park operator for the reasonable expenses incurred in doing the repair and restoration;
and
(e) the park operator is taken to have consented to affixing the furniture or thing to the wall of the on-site home if, and only if —
(i) the tenant has given the park operator a request, in the approved form, seeking the park operator's consent to affix
the item to the wall; and
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(ii) the park operator has not refused consent under paragraph (a) within 14 days after the day on which the park operator receives the request.
32. Long-stay tenant’s responsibility for cleanliness and repair
(s. 32J)
The tenant must keep the site and the relocatable home on the site
in a reasonable state of cleanliness.33. Long-stay tenant’s responsibility for damage (s. 32K)
(1) The tenant must not intentionally or negligently cause or permit
damage to the agreed premises or the shared premises.(2) The tenant must notify the park operator, as soon as practicable but
in any case within 3 days of the damage occurring, of anydamage —
(a) to the site or to any fittings or fixtures on the site; and (b) to the exterior of the relocatable home on the site; and (c) to the interior of the on-site home; and (d) to any chattels, fittings or fixtures in or on the on-site home that are provided by the park operator for the use of the tenant. 34. Park operator’s responsibility for cleanliness and repairs
(s. 32L)
(1) The park operator must —
(a)
provide the agreed premises and shared premises in a reasonable state of cleanliness; and
(b)
maintain the shared premises in a reasonable state of cleanliness; and
(c)
provide and maintain the agreed premises and shared premises in a reasonable state of repair having regard to the age, character and prospective life of the premises; and
(d)
comply with any other written laws that apply in relation to the buildings in the residential park or the health and safety of
park residents.
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(2) If the park operator carries out work to comply with the park operator’s obligations under subclause (1), the work must be carried out —
(a)
as soon as reasonably practicable and in a manner that minimises disruption to the residents; and
(b)
at an appropriate standard having regard to the age, character and prospective life of the agreed premises or shared premises; and
(c) if the work is carried out on agreed premises and the park operator must enter the agreed premises — in accordance with
clauses 27 and 28.
35. Urgent repairs (s. 32M)
(1) In this clause — essential service means a service prescribed in the Regulations as
electricity, gas, water (including the supply of hot water), sewerage,
a septic tank or other wastewater management treatment, and a
functioning refrigerator (but only if supplied with the agreed
premises);suitable repairer, in relation to urgent repairs, means a person who
is suitably qualified, trained or, if necessary under a written law,
licensed or otherwise authorised, to undertake the urgent repairs;urgent repairs, in relation to agreed premises, means repairs to the premises that are necessary —
(a) to supply or restore an essential service; or (b) to avoid — (i) exposing a person to the risk of injury; or
(ii) exposing property to damage; or
(iii) causing the tenant undue hardship or inconvenience.
(2) If a need for urgent repairs arises otherwise than as a result of the breach of the long-stay agreement by the tenant —
(a) the tenant must notify the park operator of the need for those
repairs as soon as practicable after the need arises; and
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(b)
the park operator must ensure that the repairs are carried out by a suitable repairer as soon as practicable after that notification.
(3) The tenant may arrange for the urgent repairs to be carried out by a
suitable repairer to the minimum extent necessary to effect thoserepairs if —
(a) the tenant is unable to contact the park operator within — (i) in relation to urgent repairs for the supply or restoration of
an essential service — 24 hours; or
(ii) in relation to other urgent repairs — 48 hours or any longer
prescribed period;
or
(b) the tenant contacts the park operator about the need for the urgent repairs but the park operator fails to ensure that the repairs are carried out by a suitable repairer as soon as practicable after the notification.
(4) If the tenant arranges for the urgent repairs to be carried out under subclause (3), the park operator must, as soon as practicable after the repairs are carried out, reimburse the tenant for the reasonable expense incurred in arranging for those repairs to be carried out. 36. Levies, rates, taxes and charges to be paid by park operator (s. 32N)
(1) The park operator must bear the cost of —
(a)
any contribution levied in respect of the agreed premises and shared premises under the Strata Titles Act 1985 or the Community Titles Act 2018; and
(b) all rates, taxes or charges imposed in respect of the agreed premises and shared premises under —
(i) the Land Tax Act 2002; and
(ii) the Local Government Act 1995; and
(iii) the Water Services Act 2012, except a charge for the
volume of water consumed.
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(2) Despite subclause (1), a term of the long-stay agreement or another
written contract, agreement, scheme, deed or other written
arrangement between the tenant and the park operator may provide
that the tenant indirectly pays, as a component of rent paid under
the long-stay agreement, a prescribed charge as defined in the Rates
and Charges (Rebates and Deferments) Act 1992 section 3(1).37. Long-stay tenant’s vicarious responsibility for breach of
long-stay agreement (s. 32P)
(1) The tenant is vicariously responsible for any act or omission of
another person who is lawfully on the agreed premises or the
shared premises, if the act or omission would have constituted a
breach of the long-stay agreement if done or omitted by the tenant.(2) However, subclause (1) does not extend to a person who is lawfully
on the agreed premises or the shared premises but whose authority
does not derive from the permission, express or implied, of thetenant.
NON-STANDARD TERMS
Information for tenants
Non-standard terms are not prescribed by the Act, but are subject to negotiation between the parties to the long-stay agreement.
If a non-standard term is inconsistent with the Act or the Regulations, the Act or Regulations will prevail and the non-standard term will be void to the extent of any inconsistency.
Before signing this long-stay agreement a tenant should seek independent advice and ensure that the non-standard terms are appropriate for their
circumstances.
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Non-standard terms (special conditions)
EXECUTION
By signing this long-stay agreement the parties agree to be bound by its
terms and conditions.
Park operator or managing agent
Signatory (print name):
Signature: Date signed: Witness (print name): Signature: Date signed:
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Tenant (1)
Signatory (print name):
Signature: Date signed: Witness (print name): Signature: Date signed: Tenant (2) Signatory (print name): Signature: Date signed: Witness (print name): Signature: Date signed:
Cooling off period
Under section 18 of the Act, a tenant is entitled to rescind this long-stay agreement at any time within 5 working days after the date of this long-stay agreement. This time frame is extended if the park operator does not provide disclosure documents. However, a tenant cannot rescind this
long-stay agreement after taking up possession.
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TENANT’S CHECKLIST
The tenant acknowledges that they have been given a copy of each of these documents:
Disclosure statement
Property condition report
Park rules
Information booklet on park living approved by the Commissioner
for Consumer Protection
(Tenant to initial each box.)
Independent advice
□ I have obtained independent legal advice before signing this
long-stay agreement.□ I have decided not to obtain independent legal advice before signing this long-stay agreement. □ I have signed 2 copies of this long-stay agreement. Note: The park operator is required to give the tenant a fully executed copy of the long-stay agreement within 21 days after it is signed by the tenant, or as soon as reasonably practicable after that. 16. Schedule 5 amended
(1) In the heading to Schedule 5 delete “Condition” and insert: Property condition
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(2) Delete the reference after the heading to Schedule 5 and insert: [r. 7(1)] 17. Schedules 6 to 8 deleted
Delete Schedules 6 to 8.
18. Schedule 9 amended
(1) In the heading to Schedule 9 Division 1 delete “Termination” insert: Default notice (2) In Schedule 9 Division 1 delete “Department of Commerce” (each occurrence) and insert: Department of Mines, Industry Regulation and Safety (3) Delete the heading to Schedule 9 Division 2 and insert: Division 2 — Default notice for other breach of long-stay
agreement
(4) In Schedule 9 Division 2:
(a) delete “Department of Commerce” (1st occurrence) and insert: Department of Mines, Industry Regulation and Safety
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(b) before “agreement.” insert: long-stay
(c) before “agreement,” (each occurrence) insert: long-stay
(d) delete “Department of Commerce” (2nd occurrence) and insert: Department of Mines, Industry Regulation and Safety
(e) before “agreement:” insert: long-stay
(f) before “agreement” insert: long-stay
19. Schedule 10 amended
(1) Delete Schedule 10 Divisions 1 to 3. (2) Delete the heading to Schedule 10 Division 4. (3) In Schedule 10 Division 4:
(a) delete “long-stay” (1st occurrence); (b) delete “Long-stay tenant:” and insert: Tenant:
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(c) delete “on-site agreements” and insert: on-site home agreements
(d) delete “long-stay” (2nd occurrence).
20. Schedule 11 replaced
Delete Schedule 11 and insert:
Schedule 11 — Prescribed offences and modified
penalties
[r. 23]
Division 1 — Offences under the Act
Offence under the Act Modified penalty
s. 10(2) Park operator entering into long-stay agreement
that contravenes requirements $1 000 s. 10A(3) Park operator entering into long-stay agreement
other than prescribed standard-form agreement $1 000 s. 10B(3) Park operator entering into long-stay agreement
that includes non-standard term $1 000 s. 10B(5) Park operator entering into long-stay agreement
that does not include prescribed term $1 000 s. 11(2) Park operator failing to give documents within
required time frame $1 000 s. 12(1) Park operator requiring or receiving
unauthorised payment in relation to long-stay
agreement $1 000
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Offence under the Act Modified penalty
s. 13(1) Real estate agent requiring or receiving
unauthorised payment from tenant $1 000 s. 13(2) Real estate agent requiring or receiving
unauthorised payment from sub-tenant $1 000 s. 14 Park operator failing to bear cost of preparing
long-stay agreement $1 000 s. 15(1) Park operator failing to ensure tenant notified of
park operator details $1 000 s. 15(2) Park operator failing to ensure tenant notified of
new park operator details $1 000 s. 15(3) Park operator failing to notify tenant of new
name or address $1 000 s. 16(1)
Tenant giving false details to park operator $1 000 s. 16(2) Tenant failing to notify park operator of change
in employment $1 000 s. 16(3) Tenant failing to provide next intended address
when vacating $1 000 s. 17(1) Park operator failing to give tenant copy of
long-stay agreement $1 000 s. 21(1) Park operator requiring or receiving more than
1 security bond for long-stay agreement $1 000 s. 21(2) Park operator requiring or receiving security
bond above allowable amount $1 000
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Offence under the Act Modified penalty
s. 21(3) Park operator failing to give tenant receipt for
security bond $2 000 s. 22(1) Failing to deposit security bond with bond
administrator or to give record of deposit $2 000 s. 25(1) Park operator requiring more than 2 weeks’ rent
before or during first 2 weeks of tenancy $1 000 s. 25(2) Park operator requiring further rent before end
of period for which rent has been paid $1 000 s. 26(2) Park operator failing to give detailed receipt for
rent $1 000 s. 28(1) Park operator failing to keep record of rent
received $1 000 s. 31A(1) Park operator entering into long-stay agreement
with a prohibited provision $1 000 s. 32H(5) Tenant breaching term of long-stay agreement
relating to locks without reasonable excuse $2 000 s. 32H(6) Park operator breaching term of long-stay
agreement relating to locks without reasonable
excuse $2 000 s. 32H(8) Agent of park operator breaching term of
long-stay agreement relating to locks without
reasonable excuse $2 000 s. 41A(3) Park operator failing to notify Commissioner of
intention to give tenant termination notice $1 000
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Offence under the Act Modified penalty
s. 48(4) Park operator failing to give notice that
abandoned goods have been stored $1 000 s. 52A(5) Park operator failing to give document to lawful
owner $1 000 s. 54 Entering agreed premises to recover possession
other than in accordance with order of State
Administrative Tribunal $4 000 s. 54B(2) Park operator failing to ensure park rules
comply with regulations $1 000 s. 57(2) Park operator requiring tenant to appoint
particular person as selling agent $1 000 s. 57A(2) Demanding or receiving payment for sale of
relocatable home other than under selling
agency agreement $1 000 s. 57C(1) Selling agent failing to deal with money in
accordance with section $600 Division 2 — Offences under these regulations
Offence under these regulations Modified penalty
r. 7(2) Park operator failing to complete and give
property condition report $1 000 r. 7(4) Tenant failing to complete and give property
condition report $1 000 r. 7(5) Failing to complete and give property condition
report after termination of the tenancy $1 000
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Offence under these regulations Modified penalty
r. 7(6) Providing false or misleading information in
property condition report $1 000
Schedule 12 — Forms
[r. 25]
Form 1 — Infringement notice
Residential Parks (Long-stay Tenants Act) 2006 Infringement
notice no.INFRINGEMENT NOTICE
Alleged Name offender Address Alleged Date or period offence Time Place Details of offence Written law contravened Date Date of notice Issuing Name officer Office Signature Modified $ penalty
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TAKE It is alleged that you have committed the above offence. NOTICE If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Approved Officer
within 28 days after the date of this notice.If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action
may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.
If you need more time to pay the modified penalty, you should contact the Approved Officer at the address below.
Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.
If you want this matter to be dealt with by prosecution in court, sign and date here: __________________________________ / /
and post this notice to the Approved Officer at the addressbelow within 28 days after the date of this notice. How to By post [Insert details for paying by post] pay
In person [Insert details for paying in person]
3 December 2021 GOVERNMENT GAZETTE, WA 5447 Residential Parks (Long-stay Tenants) Amendment Regulations 2021
r. 20
Form 2 — Withdrawal of infringement notice
Residential Parks (Long-stay Tenants Act) 2006 Withdrawal no. WITHDRAWAL OF
INFRINGEMENT NOTICE
Alleged Name offender Address Details of Infringement infringement notice no. notice Date of issue Alleged Date or period offence Time Place Details of offence Written law contravened Approved Name Officer Office withdrawing notice Signature Date Date of withdrawal Withdrawal The above infringement notice issued against you for the of above alleged offence has been withdrawn. infringement If you have already paid the modified penalty for the notice alleged offence, you are entitled to a refund.
5448 GOVERNMENT GAZETTE, WA 3 December 2021 Residential Parks (Long-stay Tenants) Amendment Regulations 2021
r. 20
[*Delete * Your refund is enclosed whichever is not applicable] or *
If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to:
Approved Officer — Residential Parks (Long-stay Tenants) Act 2006 [Insert address]
Your Date signature Note: The heading to regulation 15 is to read:
Park liaison committee’s prescribed functions (Act s. 61(2)(a)(iv))
Clerk of the Executive Council.
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