Two cases heard in the SAT in 2015 highlighted the need for any
notice issued under the Residential Parks (Long Stay Tenants)
Act 2006 (the Act) to be drafted in
accordance with the Act and to contain accurate information.
The first case Broadview Nominees Pty Ltd and Whalley
[2015] WASAT 75 considered an application for termination of a long
stay agreement for breach of the agreement. There was no detailed
written agreement in place and the tenant was only deemed a long
stay tenant as he had resided for greater than ninety days in the
Park.
Two problems arose for the Operator. The first was the lack of a
written agreement which meant it was difficult to identify what the
tenant was in breach of (a provision which was in the Park's
standard agreement for relocation within the Park was relied on for
the default). The second was the lapse in time between
issuing a notice to remedy the breach and the issue of the
termination notice was only twelve days.
