Have your say on proposed changes to residential park tenancy laws
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A report detailing proposed changes to tenancy laws affecting people living in residential parks in Western Australia has been released to allow interested parties to submit comments before the Government makes a final decision.
The comprehensive report contains recommendations for changes to the Residential Parks (Long-stay Tenants) Act 2006 following an extensive consultation process which began with the release of a discussion paper in August 2012.
The laws regulate the tenancy arrangements between the operators of residential parks and their tenants, most of whom own the homes in which they live but only rent the land on which they are located.
Full details of the recommendations are contained in the report, however, the main proposals include:
- Improved disclosure, including a requirement that disclosure material be provided at least ten days before a long-stay tenancy agreement is signed;
- A recommendation not to introduce mandatory minimum lease periods for long-stay agreements;
- Removing ‘without grounds’ termination of long-stay agreements;
- Clear procedures to be established in relation to the sale of a home on the park; and
- Greater certainty for tenants on fixed-term leases by providing that there will be no termination of long-stay agreements if the park is sold or if a park operator’s financier takes possession of the park.
Acting Commissioner for Consumer Protection David Hillyard said the recommendations in the report seek to balance the rights of both tenants and park operators.
“The review highlighted a need for greater certainty for both long-stay tenants and park operators with regard to the contracts being entered into, so the recommended changes address that issue,” Mr Hillyard said.
“The proposed changes to the laws also seek to promote a level and competitive playing field for park operators while not interfering with their right to run their business.
“Stakeholder feedback on the proposals will assist the Government in its consideration of each of the recommendations contained in the report.
“I encourage affected tenants, park operators and all stakeholders to consider the recommendations and submit comments before the deadline.”
The Statutory Review Report containing the recommendations can be viewed on the Consumer Protection website: www.commerce.wa.gov.au/resparksreview. Feedback can be submitted to the Department by email (email@example.com) or by post until 31 March 2016. Enquiries can be made by calling 1300 30 40 54.
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