Western Australian Numbered Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 (NO. 32 OF 2006) - SECT 62

62 .         Breaches of agreement and other disputes

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

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

            (b)         a long-stay agreement;

            (c)         a selling agency agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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