Western Australian Current Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 59C

59C .         Recognition of certain persons as tenants

        (1)         A person who is not a tenant but who is occupying residential premises to which a residential tenancy agreement applies may apply to a competent court to be recognised as a tenant under the agreement or to be joined as a party to any proceedings before the court relating to the premises, or both.

        (2)         An application by a person to be recognised as a tenant may be made at the same time as any other application or during proceedings before the court or independently of any such other application or proceedings.

        (3)         On application by a person under this section the court may make either or both of the following orders —

            (a)         an order recognising the person as a tenant under a residential tenancy agreement and in that case the person is to be taken, for the purposes of this or any other Act and of the agreement, to be a tenant under the agreement;

            (b)         an order joining the person as a party to proceedings.

        (4)         In making an order referred to in subsection (3)(a) the court may order that the tenancy be continued on such of the terms and conditions of the residential tenancy agreement as it thinks are appropriate having regard to the circumstances of the case.

        [Section 59C inserted: No. 60 of 2011 s. 56.]