Western Australian Numbered Acts Western Australian Numbered Acts (1) A park operator
may increase the rent payable under an on-site home agreement by giving a
written notice to the long-stay tenant specifying —
(a) the
amount of the increased rent; and
(b) the
day from which the increased rent becomes payable.
(2) The day specified
in the notice from which the increased rent becomes payable must
be —
(a) at
least 60 days after the day on which the notice is given;
(b) at least
6 months after the day on which the tenancy period began;
(c) if
the rent has previously been increased under this section — at
least 6 months after the day on which it was last increased; and
(d) if
the on-site home agreement is for a fixed term — after the last day
of the fixed term, unless the agreement provides that the rent may increase or
be increased during the fixed term.
(3)
Subsection (2)(b) does not apply in respect of the first notice given to
a long-stay tenant after the beginning of the tenancy period if —
(a) it
is the practice of the park operator to review the rent payable by long-stay
tenants in accordance with a set review date schedule; and
(b) the
long-stay tenant was given written notice of the set review date schedule
before the long-stay agreement was made.
(4) A notice of
increase of rent that has been given in accordance with this section and has
not been withdrawn by the park operator varies the long-stay agreement to the
effect that the increased rent specified in the notice is payable under the
agreement from the day specified in the notice.
(5) This section does
not apply in respect of an agreement if, and to the extent that, the agreement
expressly excludes or limits it.