Residential Parks (Long-stay Tenants) Act 2006

A park operator may apply to the State Administrative Tribunal for an order to increase the amount of rent payable as a result of significant cost increases under section 31 if —

the park operator gives a written notice to the long‑stay tenant under section 31(2); and

either —

the long‑stay tenant does not give the park operator a written notice within 28 days after receiving the notice from the park operator; or

the long‑stay tenant does not agree by written notice to the proposed increase within 28 days after receiving the notice from the park operator.

In deciding the application, the State Administrative Tribunal may make —

an order reducing the amount of the proposed increase by a stated amount; or

an order setting aside the proposed increase; or

an order confirming the proposed increase, on any conditions stated in the notice; or

another order that the tribunal considers appropriate.

In deciding the application, the State Administrative Tribunal must have regard to anything the tribunal considers relevant, including —

the amount of the increase when compared to the rent currently payable under the agreement; and

the frequency, and amount, of previous rental increases; and

any increase in the all groups consumer price index for Perth published by the Australian Bureau of Statistics; and

the standard and nature of the facilities and services that are available for the use of the long‑stay tenant as part of the shared premises; and

any withdrawal of facilities and services that were available for the use of the long‑stay tenant as part of the shared premises; and

any addition to the standard and nature of the facilities and services that are available for the use of the long‑stay tenant as part of the shared premises; and

the significant cost increases or unforeseen repair costs that necessitate the proposed increase; and

whether the increase is fair and equitable in all the circumstances.