Western Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 (NO. 32 OF 2006) - SECT 97

97 .         Transitional provisions

        (1)         If, immediately before the commencement of this Act, a person held an option to make, renew or extend a residential park tenancy agreement, or to assign or otherwise transfer rights under a residential park tenancy agreement, the option may be exercised at the discretion of the person as if this Act had not been made.

        (2)         Despite section 6(3), the following applies to, and in respect of, an existing fixed term long-stay agreement made orally (as defined in section 6) to which this Act applies —

            (a)         if any proceedings instituted in relation to the agreement under the Residential Tenancies Act 1987 before the commencement of this Act have not been completed — that Act continues to apply to the proceedings as if this Act had not been made;

            (b)         proceedings may be brought subject to and in accordance with this Act in respect of a cause of action that —

                  (i)         arose in connection with the long-stay agreement before the commencement of this Act; and

                  (ii)         was not, immediately before that commencement, the subject of proceedings under the Residential Tenancies Act 1987 ;

            (c)         a notice of termination given in relation to the agreement under the Residential Tenancies Act 1987 before the commencement of this Act has effect and may be enforced as if this Act had not been made;

            (d)         any process begun before the commencement of this Act by which the rent payable under the agreement may be increased may be continued and completed, and has effect to increase the rent, as if this Act had not been made, but subject to any order or determination of the State Administrative Tribunal under Part 5;

            (e)         no civil or criminal liability is incurred as a result of the application of this Act to the agreement for anything done or not done before the commencement of this Act;

            (f)         any amount of bond money held, at the commencement of this Act, in relation to the agreement under the Residential Tenancies Act 1987 is to be treated as if it were held under this Act.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback