Western Australia: Residential Parks (Long-stay Tenants) Act 2006 (WA)

Western Australia Residential Parks (Long-stay Tenants) Act 2006 Western Australia Residential Parks (Long-stay Tenants) Act 2006 Contents Part 1 — Preliminary matters 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Crown bound 1 5. Long‑stay agreements 1 5A. Reasonable grounds for suspecting abandonment of premises 1 5B. Residential parks 1 6. Application of Act to long‑stay agreements 1 8. Operation of this Act in relation to other written laws 1 9. Contracting out 1 9A. Exemption from provision of Act by regulations 1 Part 2 — Long‑stay agreements and conduct of long‑stay tenants and park operators Division 1 — Form of long‑stay agreements 10. Requirements for long‑stay agreements 1 10A. Prescribed standard‑form agreement 1 10B. Particular terms in long‑stay agreements 1 Division 1A — General matters 10C. Long‑stay agreement binds park operator's successors in title 1 11. Information for prospective long‑stay tenants 1 12. Restrictions on amounts park operators may charge 1 13. Real estate agents prohibited from charging fees, charges or rewards for particular services 1 13A. Restriction on voluntary sharing arrangements 1 14. Cost of preparing long‑stay agreement 1 15. Disclosure of park operator's particulars to long‑stay tenant 1 16. Disclosure of tenant's particulars to park operator 1 17. Tenant's copy of long‑stay agreement 1 18. Cooling off period 1 19. Recovery of amounts paid under a mistake of law or fact 1 20. Age‑restricted residential parks 1 20A. Park operator's continuing disclosure obligations about material changes in relation to residential parks 1 Division 2 — Security bonds 21. Security bonds 1 22. Payment of bond to bond administrator 1 24. Increase in security bond 1 Division 3 — Rent 25. Rent in advance 1 26. Written receipts for rent 1 27. Requiring post‑dated cheques prohibited 1 28. Rent records kept by park operator 1 29. Apportionment of rent 1 29A. Reviewing and varying rent under long‑stay agreement 1 30. Process for varying rent under long‑stay agreement 1 31. Increasing rent due to significant cost increases 1 31A. Accelerated rent and liquidated damages prohibited 1 31B. Application of benefits and rent reductions for not breaching agreement 1 Division 4 — Relocating long‑stay tenants to another site in residential park 32. Long‑stay agreement may include term requiring long‑stay tenant to relocate to comparable site 1 32A. Park operator to pay long‑stay tenant compensation because of relocation 1 Division 5 — Standard terms Subdivision 1 — Occupation of premises 32B. Vacant possession 1 32C. No legal impediment to lawful enjoyment 1 Subdivision 2 — Agreed and shared premises 32D. Quiet enjoyment 1 32E. Park operator's right of entry 1 32F. Conditions of park operator's entry under s. 32E 1 32G. Long‑stay tenant's conduct on premises 1 32H. Locks and security 1 32I. Removing fixtures and altering premises 1 Subdivision 3 — Cleanliness, damage and repair 32J. Long‑stay tenant's responsibility for cleanliness and repair 1 32K. Long‑stay tenant's responsibility for damage 1 32L. Park operator's responsibility for cleanliness and repairs 1 32M. Urgent repairs 1 Subdivision 4 — Particular financial matters 32N. Levies, rates, taxes and charges to be paid by park operator 1 Subdivision 5 — Miscellaneous provisions 32O. Assigning rights and obligations under long‑stay agreement or sub‑letting agreed premises 1 32P. Long‑stay tenant's vicarious responsibility for breach of agreement 1 Part 3 — Termination of long‑stay agreements Division 1 — Termination of agreements generally 32Q. Long‑stay agreement may be terminated only under Act 1 32R. Notice of intention before end of fixed term long‑stay agreement 1 33. How long‑stay agreements and tenant's interests in agreements are terminated 1 34. Terms of continued long‑stay agreement 1 35. Withholding rent in anticipation of release of security bond 1 35A. Fixed term long‑stay agreement does not become periodic tenancy at end of term 1 36. Failure to give vacant possession at end of fixed term 1 37. Form of default notice 1 38. Form of notice of termination 1 Division 2 — Grounds for notice of termination by park operator 39. Termination by park operator for non‑payment of rent 1 40. Termination by park operator for other breaches 1 41. Termination if vacant possession required on sale of park 1 41A. Termination because park to be used for different purpose 1 41B. Termination because vacant possession is required for works 1 41C. Termination because long‑stay site is intended to be used for other purpose 1 41D. Requirements of notice of termination under s. 41A to 41C 1 42. Termination of on‑site home agreements by park operator without grounds 1 43. Notice not waived by acceptance of rent 1 Division 3 — Notice of termination by tenant 44. Termination by tenant without grounds 1 Division 3A — Agreed premises abandoned 44A. Park operator's right of entry in relation to abandonment 1 44B. Termination if agreed premises abandoned 1 Division 4 — Notice of termination by park operator or tenant — agreement frustrated 45. Termination if agreement frustrated 1 Division 4A — Special provisions about termination of tenant's interest on grounds of family violence 45A. Notice of termination of tenant's interest on ground that tenant subject to family violence 1 45B. Rights of co‑tenants after notice under s. 45A 1 45C. Review of Division 1 Division 5 — Compensation 46. When long‑stay tenant is entitled to compensation as a result of termination of agreement 1 47. When park operator is entitled to compensation 1 Division 6 — Abandoned goods 47A. Application of Division 1 48. Disposing of goods abandoned by long‑stay tenant 1 49. Right to reclaim abandoned goods put into storage 1 50. Title acquired by purchaser of abandoned goods 1 51. Park operator's liability for abandoned goods 1 52. Disposition of proceeds of sale of abandoned goods 1 Division 6A — Abandoned tenant's documents 52A. Dealing with abandoned tenant's documents 1 Division 7 — Miscellaneous provisions 53. Duty of mitigation following breach of agreement 1 54. No recovery of vacant possession during tenancy period 1 Part 4 — Other matters related to residential parks Division 1A — Park rules 54A. Park operator may make park rules 1 54B. Regulations may provide for matters in park rules 1 54C. Making and altering park rules 1 54D. Compliance, application and enforcement of park rules 1 Division 1 — Sale of relocatable homes on site 55. Long‑stay tenant's right to sell relocatable home on site 1 55A. Information to be given to purchaser of relocatable home on site 1 56. Park operator's obligations 1 57. Long‑stay tenant may appoint selling agent 1 57A. Selling agent's commission and incidental expenses 1 57B. Park operator not required to be licensed to act as selling agent 1 57C. Trust accounts for selling agents 1 57D. Park operator's recovery of reasonable expenses for sale of relocatable home 1 58. Sale of relocatable home at agreed premises conditional on assignment of rights and obligations under, or entry into, long‑stay agreement 1 58A. Discrimination against tenants subjected or exposed to family violence 1 Division 2 — Park liaison committees 59. Establishment of park liaison committee 1 60. Constitution of park liaison committee 1 61. Functions of park liaison committee 1 61A. Other long‑stay tenant committees 1 Part 5 — State Administrative Tribunal powers Division 1 — General provisions 62. Orders if form of long‑stay agreement does not comply with Pt. 2 Div. 1 1 62A. Breaches of agreement and other disputes 1 62B. Matters State Administrative Tribunal may consider 1 62C. Directions and orders 1 62D. Orders in relation to park operator's representations 1 63. Orders for reduction of rent 1 63A. Determination of proposed rental increase under s. 31 1 63B. Disputes about park rules 1 63C. Recognising persons as long‑stay tenants 1 64. Orders requiring works after failure to comply with responsibility for cleanliness and repair under s. 32L 1 64A. Orders if potential buyer not given purchase disclosure notice 1 64B. Determination of compensation payable to long‑stay tenant because of relocation under s. 32A 1 64C. Orders in relation to site‑only agreement if long‑stay tenants die and removal or sale of relocatable home is obstructed 1 65. Determination of compensation payable to long‑stay tenant for termination under s. 46 1 Division 2 — Orders relating to vacant possession 66. Orders for vacant possession if rent not paid 1 67. Orders for vacant possession at end of fixed term 1 68. Orders for vacant possession on other grounds 1 69. Orders for compensation to park operator for holding over 1 70. Long‑stay tenant's protection against holder of superior title 1 Division 2A — Orders relating to abandoned premises 70A. Disputing s. 44B notice 1 70B. Orders to terminate agreement because agreed premises abandoned 1 Division 3 — Orders relating to termination of agreements 71. Orders to terminate agreement if tenant is causing damage or injury 1 71A. Orders to terminate agreement for repeated interference with quiet enjoyment or threats or abuse 1 72. Orders to terminate agreement for breach by park operator 1 73. Termination on grounds of hardship 1 74. Tribunal's power during fair rent proceedings 1 Division 3A — Orders relating to termination of tenant's interest on grounds of family violence 74A. Review of notice of termination under s. 45A 1 74B. Termination of tenant's interest by SAT on grounds of family violence 1 74C. Determination of rights and liabilities after termination of tenant's interest on grounds of family violence 1 74D. Review of Division 1 Division 4 — Orders relating to abandoned goods 75. Disposing of proceeds of sale of abandoned goods 1 76. Park operator's claim for costs in relation to abandoned goods and tenant's documents 1 77. Recovery by owner of value of goods sold 1 Division 5 — Miscellaneous provisions 78. Term used: original party 1 79. Proceedings instituted or defended by Commissioner 1 80. Evidence in proceedings undertaken by Commissioner 1 81. Conduct of legal proceedings by Commissioner 1 82. Orders exempting persons from operation of Act 1 83. Payment of costs and other amounts 1 83A. State Administrative Tribunal may refer matter to Commissioner for investigation 1 Part 6 — Other matters 84. Commissioner 1 85. Commissioner's functions 1 86. Delegation by Commissioner 1 87. Information officially obtained to be confidential 1 88. Protection from liability for wrongdoing 1 88A. Long‑stay agreements are excluded matters for Corporations Act 2001 (Commonwealth) s. 5F 1 89. Judicial notice 1 90. Time for commencement of offence proceedings 1 90A. Infringement notices and Criminal Procedure Act 2004 1 91. Service of documents 1 94. Responsibilities of bond administrator 1 94A. Cross‑examination of persons in proceedings involving family violence 1 95. Regulations 1 96. Review of Act 1 Part 7 — Transitional and savings provisions Division 1 — Transitional provisions — Residential Parks (Long‑stay Tenants) Act 2006 97. Transitional provisions 1 Division 2 — Transitional provisions about residential parks — Residential Parks (Long-stay Tenants) Amendment Act 2020 98. Places before commencement day taken to be residential parks and lifestyle villages 1 Division 3 — Transitional and savings provisions — Residential Parks (Long‑stay Tenants) Amendment Act 2020 Subdivision 1 — Preliminary 99. Terms used 1 Subdivision 2 — Bonds 100. Return of key bond to long‑stay tenant 1 101. Amounts paid into tenancy bond account to be transferred to bond administrator 1 102. Requirements for holding security bond amounts 1 103. Information from authorised deposit‑taking institution about tenancy bond accounts 1 104. Offences relating to s. 103 1 Subdivision 3 — Other transitional provisions 105. Pre‑commencement long‑stay agreement provides for cost of preparing long‑stay agreement 1 106. Variation of rent on the basis of market rent 1 107. Variation of rent under on‑site home agreements entered into before commencement day 1 108. Application of former s. 32 to pre‑commencement long‑stay agreements 1 109. Taking possession of agreed premises under mortgage entered into before commencement day 1 110. Former s. 41 continues to apply to pre‑commencement long‑stay agreements 1 111. Site-only agreements entered into before commencement day cannot be terminated without grounds 1 112. Park rules made by park liaison committee before commencement day taken to be made by park operator 1 113. Former s. 55 continues to apply to pre‑commencement long‑stay agreements 1 114. Written selling agent agreement under former s. 57 continues to apply on and after commencement day 1 115. Validation of voluntary sharing arrangements entered into before commencement day 1 116. Transitional regulations 1 Division 4 — Validation provision for Residential Tenancies Amendment Act 2024 117. Validation of r. 13A and 22 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Residential Parks (Long-stay Tenants) Act 2006 An Act to regulate the relationship between the operators of residential parks and tenants who live in such parks for extended periods, to consequentially amend certain other Acts, and for related purposes. Part 1 — Preliminary matters 1. Short title This is the Residential Parks (Long-stay Tenants) Act 2006. 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Terms used In this Act, unless the contrary intention appears — abandoned goods means goods that may be treated as abandoned goods under section 48(1); ADI account means an account with an authorised deposit‑taking institution as defined in the Banking Act 1959 (Commonwealth) section 5; agreed premises, in relation to a long‑stay agreement, means — (a) the site that the long‑stay tenant is entitled to use or occupy under a long‑stay agreement; and (b) a structure on the site that the long‑stay tenant is entitled to use or occupy under a long‑stay agreement; and (c) a fixture, fitting or chattel provided under a long‑stay agreement for the exclusive use of the long‑stay tenant; and (d) in relation to an on‑site home agreement — the on‑site home; approved form means a form approved by the Commissioner and published on the Department's website; bond administrator has the meaning given in the Residential Tenancies Act 1987 section 3; buyer, of a relocatable home, has the meaning given in section 58(2)(a); close associate, in relation to a park operator, means — (a) if the park operator is an individual, any of the following — (i) the spouse, de facto partner, parent, child or sibling of the park operator; (ii) the parent, child or sibling of the spouse or de facto partner of the park operator; (iii) a body corporate, if a person referred to in subparagraph (i) or (ii) is a director or secretary of the body corporate or a person involved in the management of the body corporate; or (b) if the park operator is a body corporate, any of the following — (i) a director or secretary of the body corporate or of a related body corporate as defined in the Corporations Act 2001 (Commonwealth) section 9; (ii) a person involved in the management of the body corporate or of a related body corporate as defined in the Corporations Act 2001 (Commonwealth) section 9; (iii) the spouse, de facto partner, parent, child or sibling of a person referred to in subparagraph (i) or (ii); (iv) the parent, child or sibling of the spouse or de facto partner of a person referred to in subparagraph (i) or (ii); (v) a related body corporate as defined in the Corporations Act 2001 (Commonwealth) section 9; Commissioner means the person designated as the Commissioner under section 84; default notice means a notice under section 39(1)(b) or 40(1); Department means the department of the Public Service principally assisting in the administration of this Act; DVO has the meaning given under the Domestic Violence Orders (National Recognition) Act 2017 section 4(1); enter into, in relation to a long‑stay agreement, includes make, renew, extend, assign or otherwise transfer the agreement; Family Court injunction means an injunction under the Family Court Act 1997 section 235 or 235A or the Family Law Act 1975 (Commonwealth) section 68B or 114; family violence has the meaning given in the Restraining Orders Act 1997 section 5A(1); long‑stay agreement or agreement has the meaning given in section 5; long‑stay site, in relation to a residential park, means a site that the park operator is willing to rent to a person that is used or is intended to be used as the person's principal place of residence; long‑stay tenant or tenant means the grantee of a right of occupancy under a long‑stay agreement; non‑standard term has the meaning given in section 10B(1); notice of termination means a notice to terminate a long‑stay agreement, or an interest in the agreement, given in accordance with this Act; on‑site home, in relation to an on‑site home agreement, means the relocatable home provided under the agreement by the park operator; on‑site home agreement means a long‑stay agreement under which the long‑stay tenant has the right to occupy a relocatable home provided by the park operator; park operator, in relation to a residential park, means the grantor of a right of occupancy under a residential park tenancy agreement, or the grantor's successor in title if the succession is subject to the interest of the long‑stay tenant; park premises, in relation to a residential park — (a) means all or any part of the land and structures within the boundaries of the park; and (b) includes premises occupied exclusively by the park operator or an agent or employee of the park operator, vacant sites, vacant on‑site homes, agreed premises and shared premises; park rules has the meaning given in section 54A(1); pet bond means an amount paid as a security bond as mentioned in section 21(2)(b); prescribed means prescribed by the regulations; real estate agent means a person who holds or is required to hold a licence under the Real Estate and Business Agents Act 1978; reasonable grounds, for suspecting that a long‑stay tenant has abandoned the agreed premises, has the meaning given in section 5A; relocatable home means a vehicle, building, tent or other structure that is fitted or designed for use as a residence (whether or not it includes bathroom or toilet facilities) and that is or can be parked, assembled or erected on a site in a residential park; rent, in relation to a long‑stay agreement, means an amount paid or payable under the agreement by the long‑stay tenant in respect of the tenancy period or a part of the tenancy period; Rental Accommodation Account means the Rental Accommodation Account established under the Residential Tenancies Act 1987 Schedule 1 clause 3; residential park has the meaning given in section 5B; security bond means an amount payable by a long‑stay tenant as security for the performance of the tenant's obligations under the long‑stay agreement, including any amounts of pet bond; selling agency agreement has the meaning given in section 57(1)(a); selling agent means a person appointed as a selling agent in relation to the sale of a relocatable home under a selling agency agreement; shared premises, in relation to a residential park, means — (a) the common areas, structures and amenities in the park that the park operator provides for the use of all long‑stay tenants or makes accessible to all tenants; and (b) any fixtures, fittings or chattels in or on the common areas, structures or amenities; site, in relation to a residential park, means an area of land in the park that is set aside for the use of a relocatable home; site‑only agreement means a long‑stay agreement under which the long‑stay tenant has the right to occupy a relocatable home provided by the long‑stay tenant on a site in the residential park; successor in title includes a person who acquires an estate in land or has a mortgage in respect of the land; tenancy means a tenancy under a long‑stay agreement; tenancy period, in relation to a long‑stay agreement, means the whole period during which the agreement is in force, whether the agreement is for a fixed term or creates a periodic tenancy; tenant's document means — (a) an official document; or (b) a photograph; or (c) correspondence; or (d) another document which it would be reasonable to expect a person to keep; voluntary sharing arrangement means a term in a long‑stay agreement in which a long‑stay tenant agrees to pay — (a) rent on a deferred basis in accordance with the agreement; or (b) one of the following to the park operator when the relocatable home is sold — (i) a share of any increase in the sale price of the relocatable home from the price paid by the long‑stay tenant for the home; (ii) a share of the total sale price of the relocatable home; or (c) an amount as an exit fee payable if the relocatable home is sold or removed from the site the subject of a long‑stay agreement and is — (i) fixed as an amount set out in the agreement; or (ii) calculated by reference to a formula set out in the agreement; working day means any day except a Saturday, Sunday or public holiday. [Section 3 inserted: No. 28 of 2020 s. 4.] 4. Crown bound This Act binds the Crown. 5. Long‑stay agreements (1) In this Act, a long‑stay agreement is an agreement made between a person and a park operator under which the park operator for valuable consideration grants to the person the right to occupy — (a) a relocatable home provided by the park operator on a site in the residential park as the person's principal place of residence; or (b) a relocatable home provided by the person on a site in the residential park as the person's principal place of residence. (2) However, an agreement is not a long‑stay agreement if it — (a) confers on a person the right to occupy a site or other park premises in a residential park for a holiday; or (b) confers on an employee or agent of a park operator the right to occupy a site or other park premises in a residential park during the term of the employment or agency; or (c) confers on an itinerant worker the right to occupy a site or other park premises in a residential park, unless the parties agree that the agreement is a long‑stay agreement; or (d) is a prescribed agreement or class of agreement. (3) In subsection (2)(c) an itinerant worker means a person who — (a) is undertaking seasonal work; and (b) will occupy a site or other park premises in a residential park only to carry out the seasonal work; and (c) does not ordinarily occupy a site in the residential park. Example for this definition: A person who stays at a residential park in order to engage in employment picking fruit for 3 months. (4) An agreement or class of agreement cannot be prescribed under subsection (2)(d) unless the Minister is satisfied that — (a) the agreement or class of agreement to be prescribed is sufficiently regulated by another Act; or (b) the accommodation provided under the agreement is not accommodation that should be regulated by the Act. (5) If an agreement confers a right to occupy the same or similar site or other park premises for a period of 3 months or longer, the agreement is taken, in the absence of proof to the contrary, not to have been entered into for the purpose of conferring a right to occupy the site or premises for a holiday. (6) A reference in subsection (5) to an agreement includes a reference to an agreement that is part of a series of consecutive agreements between the same parties. [Section 5 inserted: No. 28 of 2020 s. 5.] 5A. Reasonable grounds for suspecting abandonment of premises In this Act there are reasonable grounds for suspecting that a long‑stay tenant has abandoned the agreed premises if — (a) the tenant has failed to pay rent in accordance with the long‑stay agreement; and (b) one of the following applies — (i) there is uncollected mail, newspapers or other material at the agreed premises; (ii) another long‑stay tenant of the residential park or another person has told the park operator that the tenant has abandoned the agreed premises; (iii) there are no goods at the agreed premises; (iv) services (including gas, electricity and telephone services) to the agreed premises have been disconnected. [Section 5A inserted: No. 28 of 2020 s. 5.] 5B. Residential parks (1) A residential park is a place, including a caravan park, where there are — (a) sites on which relocatable homes may be parked, assembled or erected in accordance with a tenancy; and (b) shared premises for the use of long-stay tenants in accordance with a tenancy. (2) However, a residential park is not one of the following — (a) a place established as a retirement village under the Retirement Villages Act 1992; (b) a prescribed place or class of place. (3) A place or class of place cannot be prescribed under subsection (2)(b) unless the Minister is satisfied that — (a) the place or class of place to be prescribed is sufficiently regulated by another Act; or (b) it is not appropriate for the Act to regulate the accommodation provided by the place or class of place. [Section 5B inserted: No. 28 of 2020 s. 6.] 6. Application of Act to long‑stay agreements (1) This Act applies to, and in respect of, a long‑stay agreement made after the commencement of this Act. (2) This Act applies to, and in respect of, an existing periodic long‑stay agreement as if the agreement had been made immediately after the commencement of this Act. (3) This Act applies to, and in respect of, an existing fixed term long‑stay agreement made orally — (a) to the extent that it can be applied, as if the agreement had been made in accordance with this Act; (b) until the agreement is terminated or replaced. (4) Subject to subsection (5), this Act does not apply to an existing fixed term long‑stay agreement made in writing. (5) If an existing fixed term long‑stay agreement made in writing is extended for a period commencing after the commencement of this Act, this Act applies to, and in respect of, the agreement as extended — (a) to the extent that it can be applied, as if the agreement had been made in accordance with this Act; (b) until the agreement is terminated or replaced. (6) This Act applies to a long‑stay agreement except to the extent that this Act specifically provides otherwise despite the terms of any other residential tenancy agreement, other agreement, contract or arrangement, whether that agreement, contract or arrangement was made before or after the commencement of this section. (7) In this section — existing fixed term long‑stay agreement means a fixed term long‑stay agreement of 3 months or longer — (a) made before the commencement of this Act; and (b) that is continuing at the commencement of this Act; existing periodic long‑stay agreement means a long‑stay agreement that continues for 3 months or longer — (a) made before the commencement of this Act; and (b) that is continuing at the commencement of this Act. [Section 6 amended: No. 28 of 2020 s. 7.] [7. Deleted: No. 28 of 2020 s. 8.] 8. Operation of this Act in relation to other written laws (1) If a residential tenancy agreement (as defined in the Residential Tenancies Act 1987) under which a person has a right to occupy a site in a residential park is a long‑stay agreement, that Act does not apply to the agreement. [(2) deleted] (3) Except as otherwise provided by this Act, the provisions of this Act are in addition to, and do not derogate from, the provisions of any other written law. [Section 8 amended: No. 28 of 2020 s. 9.] 9. Contracting out (1) Except as specifically provided by this Act — (a) any contract, agreement, scheme or arrangement, whether it was made before or after the commencement of this Act, has no effect to the extent that it purports to exclude, modify or restrict the operation of this Act; and (b) any purported waiver of a right conferred by or under this Act has no effect. (2) A person must not enter into any contract, agreement or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act. Penalty for this subsection: a fine of $10 000. [Section 9 amended: No. 3 of 2019 s. 39; No. 28 of 2020 s. 10.] 9A. Exemption from provision of Act by regulations (1) Regulations may be made exempting any of the following from a provision of this Act — (a) a long-stay agreement or class of long-stay agreement; (b) a residential park or class of residential park. (2) The regulations may provide for conditions and restrictions subject to which an exemption is to apply. (3) However, regulations cannot be made under this section unless the Commissioner has consulted with, and invited submissions from, persons the Commissioner considers has an interest in — (a) for regulations made in relation to a long-stay agreement or class of long-stay agreement — the agreement or class of agreement to be prescribed; or (b) for regulations made in relation to a residential park or class of residential park — the residential park or class of residential park to be prescribed. [Section 9A inserted: No. 28 of 2020 s. 11.] Part 2 — Long‑stay agreements and conduct of long‑stay tenants and park operators [Heading amended: No. 28 of 2020 s. 12.] Division 1 — Form of long‑stay agreements [Heading inserted: No. 28 of 2020 s. 13.] 10. Requirements for long‑stay agreements (1) A long‑stay agreement must — (a) be in writing; and (b) include — (i) the standard terms included in the long‑stay agreement under Division 5; and (ii) if the agreement is a site‑only agreement — the terms in the long‑stay agreement under section 55; and (c) comply with other requirements for an agreement under this Act, including requirements about the content and form of the agreement; and (d) make provision for any prescribed information or other matter. (2) A park operator must not enter into a long‑stay agreement that contravenes the requirements of this section. Penalty for this subsection: a fine of $5 000. Note for this section: Under section 62, a long‑stay tenant may apply to the State Administrative Tribunal for particular orders in relation to a long‑stay agreement that does not comply with this section. [Section 10 inserted: No. 28 of 2020 s. 14.] 10A. Prescribed standard‑form agreement (1) A standard‑form long‑stay agreement (a standard‑form agreement) may be prescribed. (2) If a standard‑form agreement is prescribed when a long‑stay agreement is entered into — (a) the agreement must be in that form; and (b) if a term of the standard‑form agreement is not included in the long‑stay agreement — the long‑stay agreement is taken to include the term of the standard‑form agreement. (3) A park operator must not enter into a long‑stay agreement that is not in the form of any prescribed standard‑form agreement. Penalty for this subsection: a fine of $5 000. Note for this section: Under section 62, a long‑stay tenant may apply to the State Administrative Tribunal for particular orders in relation to a long‑stay agreement that is not in any standard form. [Section 10A inserted: No. 28 of 2020 s. 14.] 10B. Particular terms in long‑stay agreements (1) A long‑stay agreement may include a term (a non‑standard term) other than — (a) a standard term stated in the Act; or (b) if a standard‑form agreement is prescribed under section 10A(1) — a term of that standard‑form long‑stay agreement. (2) However, a non‑standard term — (a) must not exclude, modify or restrict a standard term or the operation of the Act or contravene a provision of this Act; and (b) must not be a type of term prescribed for this paragraph as a prohibited term; and (c) must not be inconsistent with a standard‑form long‑stay agreement that is prescribed under section 10A(1); and (d) must be set out and clearly labelled as a non‑standard term. (3) A park operator must not enter into a long‑stay agreement that includes a non‑standard term referred to in subsection (2). Penalty for this subsection: a fine of $5 000. (4) The regulations may prescribe a term as a term that must be included in a long‑stay agreement. (5) A park operator must not enter into a long‑stay agreement that does not include a term prescribed under subsection (4). Penalty for this subsection: a fine of $5 000. Note for this section: Under section 62, a long‑stay tenant may apply to the State Administrative Tribunal for particular orders in relation to a long‑stay agreement that does not comply with this section. [Section 10B inserted: No. 28 of 2020 s. 14.] Division 1A — General matters [Heading inserted: No. 28 of 2020 s. 15.] 10C. Long‑stay agreement binds park operator's successors in title Despite the Transfer of Land Act 1893 section 68 but subject to the provisions of this Act, a long‑stay agreement, and the right to occupy a site or other park premises in a residential park created under that agreement, binds the park operator's successors in title as if the successors in title had entered into the agreement. [Section 10C inserted: No. 28 of 2020 s. 16.] 11. Information for prospective long‑stay tenants (1) In this section — required documents means all of the following documents — (a) a copy of the proposed agreement; (b) a disclosure statement in the approved form (if any); (c) a copy of the information booklet in the approved form (if any); (d) a copy of any park rules that apply to the residential park where the site the subject of the long‑stay agreement is located; (e) any other prescribed document. (2) A park operator must give the required documents to a person before entering into a long‑stay agreement with the person — (a) for a site‑only agreement — at least 5 working days before the agreement is signed; or (b) otherwise — before the agreement is entered into. Penalty for this subsection: a fine of $5 000. (3) However, subsection (2)(a) does not apply if the person who intends to enter into the site‑only agreement — (a) owns a relocatable home that is a vehicle for which a vehicle licence has been granted under the Road Traffic (Vehicles) Act 2012; and (b) states in writing to the park operator that the person does not require the required documents to be given to the person at least 5 working days before the agreement is signed; and (c) is given the required documents by the park operator before the person occupies the site or other park premises in the residential park. [Section 11 inserted: No. 28 of 2020 s. 16.] 12. Restrictions on amounts park operators may charge (1) A park operator must not require or receive from a long‑stay tenant, or prospective long‑stay tenant, any payment in relation to the long‑stay agreement (including an entry fee or a payment for renewing or extending the agreement) other than a payment for — (a) rent; or (b) a security bond; or (c) an amount paid or payable as consideration for an option to enter into a long‑stay agreement if, when the option is exercised, the amount is refunded or applied towards the rent payable under the agreement; or (d) an amount that the park operator is authorised to require or receive under this Act; or (e) an amount for a fee if — (i) the type of fee is prescribed as a fee that a park operator may charge a long‑stay tenant under the long‑stay agreement; and (ii) the park operator may charge the tenant the fee under the long‑stay agreement; and (iii) the fee is for a service or facility — the amount is necessary to recover the reasonable costs of providing the tenant a service or facility for which the fee is charged or is a reasonable amount. Penalty for this subsection: a fine of $5 000. (2) A payment accepted in contravention of this section is recoverable by the person who paid it — (a) as a debt due in a court of competent jurisdiction; or (b) by order of the State Administrative Tribunal under Part 5. [Section 12 inserted: No. 28 of 2020 s. 16.] 13. Real estate agents prohibited from charging fees, charges or rewards for particular services (1) A real estate agent who provides services on behalf of a park operator in connection with letting agreed premises or entering into a long‑stay agreement must not require or receive from a long‑stay tenant, or prospective long‑stay tenant, any fee, charge or reward for those services. Penalty for this subsection: a fine of $5 000. (2) A real estate agent who provides services on behalf of a long‑stay tenant in connection with sub‑letting the agreed premises must not require or receive from a sub‑tenant, or prospective sub‑tenant, any fee, charge or reward for those services. Penalty for this subsection: a fine of $5 000. (3) A fee, charge or reward received in contravention of this section is recoverable by the person who paid it as a debt due in a court of competent jurisdiction. [Section 13 inserted: No. 28 of 2020 s. 16.] 13A. Restriction on voluntary sharing arrangements (1) In this section — rent‑only agreement means a long‑stay agreement that — (a) does not include a voluntary sharing arrangement; and (b) charges rent that is not greater than the higher of — (i) the amount the long‑stay tenant currently occupying the site is paying; or (ii) the rent payable by a long‑stay tenant for a site of a similar size and location in the same residential park. (2) A term of a long‑stay agreement that includes a voluntary sharing arrangement has no effect unless — (a) the long‑stay agreement that contains the voluntary sharing arrangement is entered into in accordance with this section; and (b) the park operator gives, in the prescribed manner, to the person who intends to enter into the agreement a document that — (i) is in the approved form; and (ii) states how the voluntary sharing arrangement is to operate in relation to the person, including by providing examples of how the arrangement would apply to the person. (3) The voluntary sharing arrangement may be — (a) entered into only when the parties initially agree to a long‑stay agreement; and (b) varied during the life of a long‑stay agreement only with the consent of the parties to the agreement. (4) Subsection (5) — (a) applies if a park operator intends to enter into a long‑stay agreement that includes a voluntary sharing arrangement with — (i) a person who is buying an on‑site home from a person other than the park operator or a close associate of the park operator; or (ii) a current or former long‑stay tenant, and the agreement is 1 of 2 or more consecutive long‑stay agreements between the same parties conferring a right to occupy the same or similar site or other park premises; but (b) does not apply if — (i) all long‑stay agreements entered into between the park operator and each long‑stay tenant of the residential park include a voluntary sharing arrangement; and (ii) the park operator does not offer to enter into rent‑only agreements. (5) The park operator must give the person or long‑stay tenant an option to enter into a rent‑only agreement as well as a long‑stay agreement that includes a voluntary sharing arrangement. [Section 13A inserted: No. 28 of 2020 s. 16.] 14. Cost of preparing long‑stay agreement The park operator must bear the cost of preparing a proposed long‑stay agreement for execution by the parties to the agreement. Penalty: a fine of $5 000. [Section 14 amended: No. 28 of 2020 s. 17.] 15. Disclosure of park operator's particulars to long‑stay tenant (1) When a park operator enters into a long‑stay agreement, the park operator must ensure that the long‑stay tenant is given written notice of the following — (a) the full name and address of the park operator and of any person having superior title to that of the park operator; (b) if the park operator or person with superior title is a body corporate — (i) the full name and address of the secretary of the body corporate; or (ii) if the body corporate does not have a secretary — the full name and address of a director of, or contact person for, the body corporate; (c) the terms of the park's operating licence and all licensing conditions including any conditions imposed by the relevant local government authority under the Caravan Parks and Camping Grounds Act 1995. Penalty for this subsection: a fine of $5 000. (2) If a person succeeds another person as a park operator, the new park operator must ensure that each long‑stay tenant in the residential park is given written notice of the following — (a) the full name and address of the new park operator; (b) if the new park operator is a body corporate — (i) the full name and address of the secretary of the body corporate; or (ii) if the body corporate does not have a secretary — the full name and address of a director of, or contact person for, the body corporate. Penalty for this subsection: a fine of $5 000. (3) If a name or address of which the park operator is required under this section to give notice to a long‑stay tenant is changed, the park operator must within 14 days after the change give the tenant written notice of the new name or address. Penalty for this subsection: a fine of $5 000. (4) However, if a residential park is managed by a real estate agent, it is sufficient for a long‑stay tenant to be notified of the address of the agent, instead of the address of the park operator. [Section 15 amended: No. 3 of 2019 s. 39; No. 28 of 2020 s. 18.] 16. Disclosure of tenant's particulars to park operator (1) A long‑stay tenant or prospective long‑stay tenant must not falsely state the tenant's name or place of occupation to the park operator. Penalty for this subsection: a fine of $5 000. (2) If a long‑stay tenant has given particulars of the tenant's place of occupation to the park operator and the place is changed, the tenant must notify the park operator of the new place of occupation within 14 days after the change. Penalty for this subsection: a fine of $5 000. (3) When a long‑stay tenant vacates the agreed premises, the tenant must give the park operator particulars of the tenant's next intended residential address or postal address. Penalty for this subsection: a fine of $5 000. [Section 16 amended: No. 3 of 2019 s. 39.] 17. Tenant's copy of long‑stay agreement (1) When a long‑stay tenant signs a long‑stay agreement, the park operator must — (a) give the tenant a copy of the agreement; and (b) ensure that a fully executed copy of the agreement is given to the tenant within 21 days after it was first signed by the tenant or, if that is not practicable in the circumstances, as soon as practicable after that. Penalty for this subsection: a fine of $5 000. (2) If the park operator does not execute the long‑stay agreement but gives the long‑stay tenant a copy of it in accordance with subsection (1)(b), acceptance of rent from the tenant by the park operator gives the agreement the same effect as if it had been fully executed. [Section 17 amended: No. 3 of 2019 s. 39.] 18. Cooling off period (1) A long‑stay tenant under a site‑only agreement is entitled to rescind the agreement — (a) if the park operator has complied with section 11(2) — at any time within 5 working days after the date of the agreement; or (b) if the park operator has not complied with section 11(2) within the time specified in that subsection but has given the tenant the documents required under that section — at any time within 10 working days after the day on which the documents required under that section are given to the tenant; or (c) if the park operator has not complied with section 11(2) — at any time. (2) However, a long‑stay tenant is not entitled to rescind a long‑stay agreement under this section after taking up occupation of the agreed premises. [Section 18 amended: No. 28 of 2020 s. 19.] 19. Recovery of amounts paid under a mistake of law or fact (1) A party to a long‑stay agreement is entitled to recover an amount paid to the other party under a mistake of law or fact relating to the agreement. (2) A long‑stay tenant may recover an amount mistakenly paid to the park operator by deducting it from rent payable by the tenant under the long‑stay agreement. 20. Age‑restricted residential parks (1) A long‑stay agreement may include a term to the effect that children are not permitted to occupy a site in a residential park only if the site the subject of the agreement is within a park, or part of a park, in which — (a) both of the following apply — (i) it is intended that each site within the park, or part of the park, will be solely or principally occupied by a person of a particular age; (ii) each long‑stay agreement entered into between the park operator and a long‑stay tenant of the park, or part of the park, includes a term to the effect that children are not permitted to live on the agreed premises; or (b) the residential park is operated under a licence under the Caravan Parks and Camping Grounds Act 1995 and the licence permits the park operator to include such a term in the agreement. (2) A park operator must not do any of the following on the grounds that it is intended that a child will live on the agreed premises unless the site the person is to use or occupy is within a park, or part of a park, to which subsection (1) applies — (a) refuse to enter into a long‑stay agreement with a person; (b) advertise or otherwise indicate an intention to refuse to enter into a long‑stay agreement with a person; (c) instruct anyone else on the park operator's behalf — (i) to refuse to enter into a long‑stay agreement with a person; or (ii) to advertise or otherwise indicate an intention to refuse to enter into a long‑stay agreement with a person. Penalty for this subsection: a fine of $5 000. [Section 20 inserted: No. 28 of 2020 s. 20.] 20A. Park operator's continuing disclosure obligations about material changes in relation to residential parks (1) In this section — material change, in relation to a residential park, means an arrangement or restriction that is reasonably likely to occur and might materially affect the occupation or use of a site or other park premises in a park by the park operator or long‑stay tenant. Examples of material changes: 1. A sale or redevelopment of the residential park. 2. A change in a requirement of a licence a park operator is required to hold under a written law that impacts on the tenant's use of the park. 3. A change in the use of land for which an approval of development is required under the Planning and Development Act 2005. (2) This section applies if, after a long‑stay tenant has entered into a site‑only agreement a park operator becomes aware of a material change in relation to the residential park where the site the subject of the long‑stay agreement is located. (3) The park operator must give the long‑stay tenant a written notice stating how the tenant's use or enjoyment will be affected as soon as reasonably practicable after the park operator becomes aware of the material change in relation to the park. Penalty for this subsection: a fine of $5 000. [Section 20A inserted: No. 28 of 2020 s. 20.] Division 2 — Security bonds 21. Security bonds (1AA) In this section — pet does not include an assistance dog as defined in the Dog Act 1976 section 8(1). (1) A park operator must not require or receive payment of more than one security bond in respect of a long‑stay agreement. Penalty for this subsection: a fine of $5 000. (1A) However, subsection (1) does not prevent a park operator from receiving a security bond in instalments. (2) A park operator must not require or receive payment of a security bond if the amount of the bond is more than the sum of — (a) 4 weeks' rent; and (b) if the long‑stay tenant is permitted to keep a pet capable of carrying parasites that can affect humans at the agreed premises — a prescribed amount to meet the cost of fumigating the premises at the end of the tenancy, if necessary. [(c) deleted] Penalty for this subsection: a fine of $5 000. (3) When a long‑stay tenant pays a security bond, the park operator must give the long‑stay tenant a receipt that specifies — (a) the amount paid; and (b) the date on which it is paid; and (c) if a pet bond is paid — the amount of the pet bond; and (d) the name of the tenant; and (e) particulars of the agreed premises for which it is paid. Penalty for this subsection: a fine of $20 000. (4) Nothing in subsection (1) prevents the park operator from requiring further payment from a remaining long‑stay tenant towards the security bond in order to cover the disposal of a former long‑stay tenant's portion of the security bond under section 74C(3). [Section 21 amended: No. 3 of 2019 s. 27 and 39; No. 28 of 2020 s. 21.] 22. Payment of bond to bond administrator (1) When a person receives a security bond, the person must, within 14 days after receiving the bond — (a) deposit an amount equal to the amount of the bond with the bond administrator or an authorised agent as defined in the Residential Tenancies Act 1987 Schedule 1 clause 1; and (b) give the bond administrator or an authorised agent a record relating to the payment in the form approved by the bond administrator and available on the department's website. Penalty for this subsection: a fine of $20 000. (2) A person must not make an entry in a record given to the bond administrator or an authorised agent under subsection (1)(b) that the person knows is false or misleading in a material particular. Penalty for this subsection: a fine of $20 000. [Section 22 inserted: No. 28 of 2020 s. 22.] [23. Deleted: No. 28 of 2020 s. 22.] 24. Increase in security bond (1A) A park operator must not increase a security bond except under this section. (1) When the amount of rent payable under a long‑stay agreement is increased, the park operator may increase the amount of the security bond payable by the long‑stay tenant by giving the tenant a written notice specifying the amount of the increase and the day on which it is payable. (2) The day specified in the notice on which the bond is payable must be — (a) at least 60 days after the day on which the notice is given; and (b) for on‑site home agreements, at least 6 months after — (i) if the security bond has been increased — the day of the last increase; or (ii) otherwise — the day the long‑stay agreement commenced; and (c) for site‑only agreements, at least 12 months after — (i) if the security bond has been increased — the day of the last increase; or (ii) otherwise — the day the long‑stay agreement commenced. (3) A security bond cannot be increased to an amount that would exceed the sum of — (a) 4 weeks' rent under the long‑stay agreement at the time at which the amount of the increase would be payable; and (b) if a pet bond is payable — the maximum amount chargeable under section 21(2)(b). (4) A notice of increase of the amount of security bond that has been given in accordance with this section and that has not been withdrawn by the park operator varies the long‑stay agreement to the effect that the amount of the increase specified in the notice is payable under the agreement on the day specified in the notice. (5) Sections 21(3) and 22 apply to an amount paid under this section. [Section 24 amended: No. 28 of 2020 s. 23.] Division 3 — Rent 25. Rent in advance (1) A park operator must not require a long‑stay tenant or prospective long‑stay tenant to pay more than 2 weeks' rent before or during the first 2 weeks of the tenancy. Penalty for this subsection: a fine of $5 000. (2) A park operator must not require a long‑stay tenant to pay any further rent before the end of any period for which rent has been paid. Penalty for this subsection: a fine of $5 000. [Section 25 amended: No. 3 of 2019 s. 39.] 26. Written receipts for rent (1) When a park operator receives any rent under a long‑stay agreement, the park operator must give the long‑stay tenant a written receipt for the rent within 3 working days after receiving the rent. (2) The receipt must specify — (a) the date on which the rent was received; and (b) the amount paid; and (c) the period for which the amount is paid; and (d) the name of the long‑stay tenant; and (e) particulars of the agreed premises. Penalty for this subsection: a fine of $5 000. (3) However, the park operator does not have to give a written receipt for rent that is paid, under an agreement between the park operator and the long‑stay tenant, into an ADI account nominated by the park operator. [Section 26 amended: No. 3 of 2019 s. 39; No. 28 of 2020 s. 24.] 27. Requiring post‑dated cheques prohibited A person must not require a post‑dated cheque or other post‑dated negotiable instrument in payment of rent. Penalty: a fine of $5 000. 28. Rent records kept by park operator (1) Each time a park operator receives rent under a long‑stay agreement for agreed premises, the park operator must keep a record of the rent received in accordance with subsection (1A). Penalty for this subsection: a fine of $5 000. (1A) The record must state the following each time the rent is received — (a) that the payment received is for rent; (b) the date the rent was received; (c) the name of the person paying the rent; (d) the amount paid; (e) the period in respect of which the rent is paid; (f) the site in respect of which the rent is paid. (2) A person must not make an entry in a record that the person knows is false or misleading in a material particular. Penalty for this subsection: a fine of $5 000. [Section 28 amended: No. 3 of 2019 s. 39; No. 28 of 2020 s. 25.] 29. Apportionment of rent (1) Rent payable under a long‑stay agreement — (a) accrues from day to day; and (b) must be apportioned accordingly when the agreement ends. (2) Any amount payable or recoverable as a result of the apportionment is payable or recoverable immediately. [Section 29 amended: No. 28 of 2020 s. 26.] 29A. Reviewing and varying rent under long‑stay agreement (1) A term of a long‑stay agreement that provides for rent to be reviewed and varied has no effect if — (a) the long‑stay agreement provides for review of the rent at — (i) for a site‑only agreement — intervals of less than 12 months; or (ii) for an on‑site home agreement — intervals of less than 6 months; or (b) the term does not, for each review to be carried out during the tenancy period, state — (i) the amount of rent; or (ii) a single basis for calculating the amount of rent; or (c) current market rent is the basis for calculating the amount of rent; or (d) the term provides the rent may not be reduced if the rent calculated using the basis for calculating the rent stated in the agreement is less than the rent paid before the review date. (2) Subsection (1)(a)(i) and (ii) do not prevent the term from specifying a day for carrying out the first review that is earlier than the intervals stated in those provisions after the beginning of the tenancy if — (a) it is the practice of the park operator to review the rent payable by long‑stay tenants in accordance with a set review date schedule; and (b) the long‑stay tenant was given written notice of the set review date schedule before the long‑stay agreement was entered into. (3) Subsection (1)(b) does not prevent the long‑stay agreement from specifying different bases for calculating the amount of rent for different review dates. [Section 29A inserted: No. 28 of 2020 s. 27.] 30. Process for varying rent under long‑stay agreement (1) If a long‑stay agreement includes a term providing for reviewing and varying rent under section 29A, a park operator may vary the amount of rent payable under the agreement by giving a written notice to the long‑stay tenant specifying — (a) the amount of the varied rent; and (b) the day from which the varied rent becomes payable. (2) The day specified in the notice from which the varied rent becomes payable must be — (a) at least 60 days after the day on which the notice is given; and (b) at least — (i) for a site‑only agreement — 12 months after the day on which the tenancy period began; or (ii) for an on‑site home agreement — 6 months after the day on which the tenancy period began; and (c) if the rent has previously been varied, at least — (i) for a site‑only agreement — 12 months after the day on which the rent was previously varied; or (ii) for an on‑site home agreement — 6 months after the day on which the rent was previously varied. [(d) deleted] (3) Subsection (2)(b) does not apply in respect of the first notice given to a long‑stay tenant after the beginning of the tenancy period if — (a) it is the practice of the park operator to review the rent payable by long‑stay tenants in accordance with a set review date schedule; and (b) the long‑stay tenant was given written notice of the set review date schedule before the long‑stay agreement was entered into. (4) A notice of varying rent that has been given in accordance with this section and has not been withdrawn by the park operator varies the long‑stay agreement to the effect that the varied rent specified in the notice is payable under the agreement from the day specified in the notice. [(5) deleted] [Section 30 amended: No. 28 of 2020 s. 28.] 31. Increasing rent due to significant cost increases (1) This section applies if — (a) the park operator wants to increase rent payable by a long‑stay tenant under a long‑stay agreement; and (b) the increase in rent is intended to cover — (i) significant increased operational costs in relation to the residential park in which the tenant is occupying a site or other park premises, including a significant increase in rates, taxes or utilities; or (ii) significant unforeseen repair costs in relation to the residential park in which the tenant is occupying a site or other park premises; and (c) the increase — (i) is not provided for in the long‑stay agreement; or (ii) is not consistent with a term in the long‑stay agreement. (2) The park operator may increase the rent payable by giving the long‑stay tenant a written notice in the approved form stating — (a) the amount of the increased rent; and (b) the reason the rent is being increased; and (c) the day from which the increased rent becomes payable; and (d) that the tenant must give the park operator, within 28 days after receiving a written notice from the park operator, a written notice stating whether the tenant agrees or does not agree to the proposed increase; and (e) if the tenant does not give the park operator a written notice stating the tenant agrees with the increase in rent — the park operator may apply to the State Administrative Tribunal to increase the rent under section 63A. (3) The day from which the increased rent becomes payable must be at least 60 days after the day on which the notice is given to the long‑stay tenant under subsection (2). (4) The park operator may increase the rent payable — (a) in accordance with the notice given under subsection (2) only if the long‑stay tenant gives a written notice to the park operator stating that the tenant agrees to the proposed increase; or (b) if the State Administrative Tribunal made an order under section 63A(2)(a) or (c) — in accordance with the State Administrative Tribunal's order. [Section 31 inserted: No. 28 of 2020 s. 29.] 31A. Accelerated rent and liquidated damages prohibited (1) A park operator must not enter into a long‑stay agreement that provides that if the long‑stay tenant breaches the agreement, this Act or another written law, the tenant is liable to pay — (a) all or part of the rent remaining payable under the agreement; or (b) rent of an increased amount; or (c) an amount by way of penalty; or (d) an amount by way of liquidated damages. Penalty for this subsection: a fine of $5 000. (2) A long‑stay agreement has no effect to the extent that it includes a provision of the kind referred to in subsection (1). [Section 31A inserted: No. 28 of 2020 s. 29.] 31B. Application of benefits and rent reductions for not breaching agreement (1) This section applies if a long‑stay agreement provides that if the long‑stay tenant does not breach the agreement or a written law, the tenant is or may be granted — (a) a reduction in rent; or (b) a rebate, refund or other benefit. (2) The long‑stay agreement is taken to have been varied from the commencement of the agreement so the long‑stay tenant is granted the rent reduction, rebate, refund or other benefit from the commencement of the agreement. [Section 31B inserted: No. 28 of 2020 s. 29.] Division 4 — Relocating long‑stay tenants to another site in residential park [Heading inserted: No. 28 of 2020 s. 30.] 32. Long‑stay agreement may include term requiring long‑stay tenant to relocate to comparable site A long‑stay agreement may include a term that permits a park operator to require a long‑stay tenant to relocate from the site the tenant is currently occupying to another site only if — (a) it is reasonably necessary in the circumstances to relocate the tenant from the tenant's current site to another site; and (b) the other site — (i) is another site in the same residential park as the tenant's current site; and (ii) is reasonably comparable to the tenant's current site; and (c) the park operator pays the tenant compensation under section 32A. [Section 32 inserted: No. 28 of 2020 s. 30.] 32A. Park operator to pay long‑stay tenant compensation because of relocation (1) A park operator must pay a long‑stay tenant compensation for reasonable financial loss incurred as a result of being required to relocate from the site the tenant is currently occupying to another site, including — (a) the costs incurred by the tenant to transport the tenant's possessions from the current site to the other site; and (b) other financial loss that the tenant has suffered because of the relocation; and (c) other expenses paid by the tenant that are reasonably associated with moving to the other site; and (d) for an on‑site home agreement — the costs of disconnecting and reconnecting utilities and services to the site; and (e) for a site‑only agreement — (i) the cost of removing the relocatable home from the agreed premises, including the costs incurred in disconnecting utilities and services to the home; and (ii) the cost of moving the relocatable home from the current site to the other site; and (iii) the cost of erecting the relocatable home on the other site, including the costs incurred in connecting utilities and services to the home; and (iv) the cost of establishing the relocatable home at the other site, including any costs reasonably incurred in landscaping the site to a standard comparable to that of the previous site; and (f) any prescribed matter. (2) The amount payable is the amount agreed between the long‑stay tenant and the park operator or, if they cannot agree, the amount determined by the State Administrative Tribunal on an application under section 64B. [Section 32A inserted: No. 28 of 2020 s. 30.] Division 5 — Standard terms [Heading inserted: No. 28 of 2020 s. 30.] Subdivision 1 — Occupation of premises [Heading inserted: No. 28 of 2020 s. 30.] 32B. Vacant possession It is a term of a long‑stay agreement that vacant possession of the agreed premises must be given to the long‑stay tenant on the day on which the tenant is entitled under the agreement to take up occupation of the agreed premises. [Section 32B inserted: No. 28 of 2020 s. 30.] 32C. No legal impediment to lawful enjoyment (1) In this section — tenant's lawful enjoyment, of the agreed premises, means the long‑stay tenant's lawful occupation of the agreed premises as a residence or use of the agreed premises for the period of the long‑stay agreement. (2) It is a term of a long‑stay agreement that, at the time of entering into the agreement — (a) the park operator is not aware of a legal impediment to the long‑stay tenant's lawful enjoyment of the agreed premises for the period of the agreement; and (b) there is no legal impediment to the tenant's lawful enjoyment that the park operator ought reasonably to have known about. [Section 32C inserted: No. 28 of 2020 s. 30.] Subdivision 2 — Agreed and shared premises [Heading inserted: No. 28 of 2020 s. 30.] 32D. Quiet enjoyment (1) It is a term of a long‑stay agreement that — (a) the long‑stay tenant has a right to quiet enjoyment of the agreed premises without interruption by the park operator or any person claiming by, through or under the park operator or having superior title to that of the park operator; and (b) the park operator must not cause or permit any interference with the reasonable peace, comfort or privacy of the long‑stay tenant in the use by the tenant of the agreed premises or the reasonable use by the tenant of the shared premises; and (c) the park operator must take all reasonable steps to enforce the obligation of any other tenant