Western Australian Numbered Acts Western Australian Numbered Acts (1) A long-stay tenant
may apply to the State Administrative Tribunal for an order reducing the
amount of rent payable for the agreed premises on the grounds —
(a) that
since the long-stay agreement was entered into, or was last renewed or
extended, there has been, without any default on the part of the tenant, a
significant reduction in the size or quality of the agreed premises, or in the
number or quality of the chattels provided with the agreed premises, or in the
extent or quality of the shared premises or the facilities provided as part of
the shared premises; or
(b) that
in determining the amount of rent payable for the agreed premises the park
operator was wholly or partly motivated by a desire for the tenancy to be
terminated.
(2) An application may
be made whether or not a long-stay tenant has paid or agreed to pay the amount
of rent the subject of the application.
(3) The State
Administrative Tribunal may order that the amount of rent payable for the
agreed premises is reduced if satisfied that —
(a) the
grounds of the application are made out; and
(b) the
amount is excessive in the circumstances.
(4) When deciding
whether or not to make an order, the State Administrative Tribunal may have
regard to —
(a) the
amounts of rent generally payable for comparable premises in the locality or a
similar locality;
(b) the
estimated capital value of the agreed premises at the date of the application;
(c) the
amount of the outgoings to be borne by the park operator in respect of the
agreed premises;
(d) the
estimated cost of any services provided by the park operator or the long-stay
tenant under the long-stay agreement;
(e) the
value and nature of any chattels provided for the use of the tenant with the
agreed premises or as part of the shared premises;
(f) the
standard and nature of the facilities and amenities that are available for the
use of the tenant as part of the shared premises;
(g) in
the case of an on-site home agreement — the standard of
accommodation and amenities provided in the agreed premises and the state of
repair and general condition of the agreed premises; and
(h) any
other relevant matter.
(5) When the State
Administrative Tribunal makes the order, it must —
(a)
specify the maximum amount of rent payable by the long-stay tenant for the
agreed premises;
(b)
specify the day on and after which the reduced amount is payable, being a day
not earlier than the day on which the tenant applied for the reduction in
rent; and
(c)
specify the minimum period for which the reduced amount is payable.