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The Residential Parks Act 2006

This article offers information and advice about the Residential Parks Act 2006 for long-stay tenants in Western Australia.

What is the Residential Parks Act 2006?

The Residential Parks Act 2006 of Western Australia is the legislation that outlines the rights and obligations of long term residents of caravan parks in Western Australia.

Who is covered under the act?

 

  • Residents with an on-site or site-only fixed term agreement (as of 3rd August 2007).
  • Residents with an on-site or site-only periodic agreement for 3 months or longer.

 

Under the act both fixed-term and periodic agreements must be in writing.

Who is not covered under the act?

If you are living on a caravan or residential park you are not automatically covered by the Residential Parks Act. The Residential Parks Act does not cover any of the following:

 

  • People on holiday at a residential park.
  • Employees of a park who live on-site.
  • Retirement villages.
  • Strata titled parks.
  • People with a fixed-term written agreement that began before 3rd August 2007.

 

Types of residential park agreements:

Residents of parks can opt for two sorts of agreements in addition to the periodic or fixed term agreement. These are:

 

  • A site only agreement. This is an agreement that involves renting a pitch at a site only. You will live in your own home such as a trailer or caravan and pay to locate it on site.
  • An on-site agreement. This agreement involves renting both a pitch on the site as well as a home such as a trailer or caravan.

 

Documents you should receive:

Before you enter into an agreement to reside at a residential park you should receive several documents which will give you all the relevant information on the park and your agreement. These include:

 

  • A copy of the tenancy agreement.
  • A condition report.
  • An explanation of the rent charge.
  • Information about when and how you will pay rent.
  • An information booklet from the Department of Commerce.
  • A document outlining the rules of the park.

 

Rent increases:

On-site rent increases:

If you are a resident with a site only agreement the terms of your agreement should specify when and how rent may be increased.

Individual parks may have a schedule for calculating fair rent increases. However, they must inform you of this and show you a copy of the schedule before you accept your tenancy for this to be lawful.

Site only rent increases:

Under the Residential Parks Act 2006, park operators are obliged to give residents notice if they wish to make a rent increase. The rent increase notice should be given 60 days prior to the increase and should be in writing. If you are a new resident a rent increase should not be issued before 6 months of the tenancy start date.

Tenant obligations:

All tenants residing at parks should act with common courtesy towards other residents and adhere to the rules and regulations set out in the park handbook. The following code is applicable to tenants with both an on-site or site only agreement.

 

  • Residents must keep the home and area outside the home in a state of reasonable cleanliness.
  • Residents must keep ‘reasonable’ peace.
  • Residents must honour the privacy of fellow residents.
  • Residents must inform the park operator of any damage.
  • Residents must inform the park operator of any changes of location.

 

Park operator obligations:

All residential park operators must give residents certain written information at the time of signing a tenancy agreement. This includes:

 

  • The park operator’s name, address and any other contact details.
  • The park’s operating licence terms.

 

Park operators are obliged to do the following in order to maintain a positive resident park, under the Residential Parks Act 2006:

Operators should:

 

  • Provide written receipts for rent payments.
  • Provide premises and shared areas which are reasonably clean.
  • Provide an environment that is in a state of reasonable repair.
  • Abide by the appropriate health & safety laws.

 

Operators should not:

 

  • Interfere with your right to peace and quiet without cause.
  • Cause discomfort or disturbance without cause.
  • Enter your premises without your consent except in the case of an emergency.
  • Collect rent at an unreasonable time or more than once a week.


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