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s 62D

Orders in relation to park operator’s representations

In force
Part 5State Administrative Tribunal powers
Division 1General provisions

62D Orders in relation to park operator’s representations

(1)

A long‑stay tenant may apply to the State Administrative Tribunal for relief if —

(a)

the park operator made an oral or written representation, whether before or after the long‑stay agreement was entered into, about a facility or service to be provided to the tenant; and

(b)

the facility or service has not been provided.

(2)

If the State Administrative Tribunal is satisfied of the matters referred to in subsection (1), the tribunal may order —

(a)

the park operator to pay the long‑stay tenant compensation for loss caused by the failure to provide the facility or service; or

(b)

if the tribunal is satisfied that a long‑stay tenant would not have entered into the long‑stay agreement if the facility or service the subject of the representation made before the agreement was entered into was not provided by the park operator — that the agreement is terminated; or

(c)

the park operator to take an action in performance of the representation; or

(d)

a reduction in rent because of the failure to provide the facility or service.

[Section 62D inserted: No. 28 of 2020 s. 60.]

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Section 62D — Orders in relation to park operator’s representations — Residential Parks (Long-stay Tenants) Act 2006 (Western Australia) — Barrister AI