Western Australian Current Acts Western Australian Current Acts (1) Subject to this
section and sections 6 and 7, this Act applies to any residential tenancy
agreement entered into, renewed, extended, assigned or otherwise transferred
after the commencement of this Act.
(1A) This Act does not
apply to a residential tenancy agreement that is a strata lease, within the
meaning of the Strata Titles Act 1985 .
Note for this subsection:
This subsection does
not affect the application of this Act to a residential tenancy agreement that
is a sublease of a strata lease.
(2) This Act does not
apply to any residential tenancy agreement in any of the following
circumstances —
(a)
where the tenant is a party to an agreement for the sale and purchase of the
premises, unless the period of the tenancy is one month or longer;
(b)
where the agreement arises under a mortgage in respect of the premises;
(c)
where the agreement arises under a scheme under which —
(i)
a group of adjacent premises is owned by a company; and
(ii)
the premises comprising the group are let by the company
to persons who jointly have a controlling interest in the company;
(d)
where the tenant is a boarder or lodger;
(e)
where the agreement is bona fide entered into for the purpose of conferring on
a person a right to occupy premises for a holiday;
(f)
where the agreement is entered into as lessor, whether generally or in
prescribed circumstances, by any prescribed person or agency being a person or
agency that is acting on behalf of the Crown;
(g)
where the agreement is a prescribed agreement, or is an agreement of a
prescribed class.
(3) This Act does not
apply to or in relation to any of the following —
(a) any
part of a hotel or motel;
(b)
accommodation for students provided —
(i)
by an educational institution; or
(ii)
by an entity, other than the educational institution, if
the accommodation is provided other than for the purpose of making a profit,
unless the
accommodation is prescribed, or is of a class prescribed, for the purposes of
this paragraph;
(ca) any
part of a hospital or nursing home;
(c) any
premises used for the purposes of a club;
(d) any
premises used to provide residential care to approved care recipients by an
approved provider as defined in the Aged Care Act 1997 (Commonwealth);
(e) any
prescribed premises or premises of a prescribed class.
(4) For the purposes
of subsection (2)(e), an agreement conferring a right to occupy premises for a
fixed term of 3 months or longer shall be deemed, in the absence of proof to
the contrary, not to have been entered into bona fide for the purpose of
conferring a right to occupy the premises for a holiday.
(5) Subject to
subsection (6), this Act applies to a site at a caravan park, within the
meaning of the Caravan Parks and Camping Grounds Act 1995 (whether or not a
caravan, within the meaning of that Act, is situated on that site) as if the
site was residential premises for the purposes of this Act.
(6) This Act does not
apply to a site at a residential park, within the meaning of the
Residential Parks (Long-stay Tenants) Act 2006 , other than in relation to a
residential tenancy agreement —
(a)
under which a person has a right to occupy such a site; and
(b) that
is an existing fixed term long-stay agreement made in writing, to which the
Residential Parks (Long-stay Tenants) Act 2006 does not apply in accordance
with section 6(4) of that Act.
(7) Subsection (6) has
effect despite section 8(1) of the Residential Parks (Long-stay Tenants) Act
2006 .
[Section 5 amended: No. 34 of 1995 s. 33; No. 32
of 2006 s. 98; No. 60 of 2011 s. 6; No. 30 of 2018 s. 182.]