Western Australian Numbered Acts Western Australian Numbered Acts (1) This section
applies where —
(a) a
park operator has given a notice of termination to a long-stay tenant (except
a notice of termination under section 39), or a long-stay tenant has
given a notice of termination to the park operator; and
(b) the
tenant does not give vacant possession of the agreed premises to the park
operator on the specified day.
(2) The park operator
may apply to the State Administrative Tribunal for —
(a) an
order terminating the agreement; and
(b) an
order for the long-stay tenant to give vacant possession of the premises to
the park operator.
(3) An application
must be made within 30 days after the specified day.
(4) The State
Administrative Tribunal may make the orders if a notice of termination was
given in accordance with this Act and —
(a)
where the notice was given on the grounds that the long-stay tenant has
breached the long-stay agreement — the State Administrative
Tribunal is satisfied that the grounds are made out and that the breach is in
all the circumstances such as to justify terminating the agreement; or
(b) if
the notice was given for any other reason — the tribunal is
satisfied that terminating the agreement is justified in all the
circumstances.
(5) However, the State
Administrative Tribunal may refuse to make the orders if
satisfied —
(a) that
the park operator was wholly or partly motivated to give the notice by the
fact that the long-stay tenant had complained to a public authority about the
park operator’s conduct in relation to the agreement, or taken steps to
secure or enforce his or her rights as a tenant under the agreement;
(b) if
the notice was given by the park operator on the grounds of a breach by the
tenant — that the tenant has remedied the breach, but when making
the decision the tribunal must take into account any previous breaches of the
agreement by the tenant; or
(c) if
the notice was given by the park operator under section 45(3) on the
grounds of frustration of the agreement — that the consequences of
continuing the agreement would not be unduly burdensome to the park operator.
(6) If the State
Administrative Tribunal makes the orders, it may suspend the operation of the
orders for not more than 30 days if satisfied that it is desirable in the
circumstances to do so having regard to the relative hardship that would be
caused —
(a) to
the park operator by suspending the orders; or
(b) to
the long-stay tenant by refusing to suspend the orders.
(7) Where the park
operator gave the notice of termination to the long-stay tenant, and the State
Administrative Tribunal is satisfied that the tenant had, within the
6 months before the notice was given to him or her, complained to a
public authority about the park operator’s conduct in relation to the
agreement, or taken steps to secure or enforce his or her rights as a tenant
under the agreement, the burden is on the park operator to prove that the park
operator was not to any extent motivated by that fact when giving notice to
the tenant.
(8) When the State
Administrative Tribunal makes the orders, the tribunal must specify the day on
which the orders take effect.
(9) The specified day
must be no later than 7 days after the day on which the order is made.
(10) The
Limitation Act 1935 does not apply to an application under this section.