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s 32O

Assigning rights and obligations under long‑stay agreement or sub‑letting agreed premises

In force
Part 2Long‑stay agreements and conduct of long‑stay tenants and park operators
Division 5Standard terms
Subdivision 5Miscellaneous provisions

32O Assigning rights and obligations under long‑stay agreement or sub‑letting agreed premises

(1)

A long‑stay agreement may provide that the long‑stay tenant —

(a)

may assign the tenant’s rights and obligations under the agreement or sub‑let the agreed premises; or

(b)

may assign the tenant’s rights and obligations under the agreement or sub‑let the agreed premises only with the written consent of the park operator; or

(c)

must not assign the tenant’s rights and obligations under the agreement or sub‑let the agreed premises.

(2)

If a long‑stay agreement does not include a term mentioned in subsection (1), it is a term of the agreement that a long‑stay tenant may assign the tenant’s rights and obligations under the agreement or sub‑let the agreed premises only with the written consent of the park operator.

(3)

If a long‑stay agreement includes a term mentioned in subsection (1)(b), or subsection (2) applies, it is a term of the agreement that —

(a)

the park operator must not unreasonably withhold consent; and

(b)

the park operator must not make any charge for giving the consent except for reasonable incidental expenses.

(4)

However, the operation of a provision of a long‑stay agreement that purports to permit the assignment of the long‑stay tenant’s rights and obligations under the agreement is subject to the operation of any other written law that prohibits or regulates such an assignment.

[Section 32O inserted: No. 28 of 2020 s. 30.]

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Section 32O — Assigning rights and obligations under long‑stay agreement or sub‑letting agreed premises — Residential Parks (Long-stay Tenants) Act 2006 (Western Australia) — Barrister AI