15 October 2020

Changes to WA’s residential parks laws – what you need to know  

In this issue:

• Upcoming changes to WA’s residential parks laws
• How the changes will affect you
• When the changes are likely to come into effect

Upcoming changes to the residential parks laws

On 25 June 2020 a new Bill passed through Parliament with the purpose to change Western Australia’s existing Residential Parks (Long-stay Tenants) Act 2006.

Who the laws apply to

Caravan park and lifestyle village operators who provide long-stay tenancies as well as residents living in:  

• a caravan;
• mobile home; or 
• park home located within a caravan park or lifestyle village.

• limiting the termination of fixed-term agreements on the sale of a park or if the owner’s financier takes possession of the park;
• no longer allowing ‘without grounds’ terminations of long-stay agreements, instead setting out specific grounds that will provide greater certainty in relation to termination rights;
• improved disclosure requirements on contractual issues such as exit fees;
• clearer rules for park operators, home owners and prospective tenants in relation to the sale of homes;
• clarification of the park operator’s obligation to enforce park rules in a fair, reasonable and equitable manner; and
• disallowing variation of standard lease clauses and introducing standard form agreements for new arrangements.

When the changes are likely to come into effect

The amendments were passed by Parliament on 25 June 2020 and it is estimated that it will take at least six to 12 months to develop the regulations needed to support the amendments. This means the new laws should start in 2021.

Want to find out more?

For more information about the upcoming changes visit the Consumer Protection’s Changes to the Residential Parks (Long-stay Tenants) Act 2006 web page.

Coming soon

A new definition of ‘park home’ in the Residential Parks (Long-stay Tenants) Act 2006 commenced 30 September 2020. We will issue a bulletin in the near future to explore this further.

Commissioner for Consumer Protection Lanie Chopping expects these new laws will provide greater confidence and security. “In the past, residential park residents have been particularly exposed if the park operator decides to sell the park or becomes insolvent. Many issues affecting long-stay tenants will now be resolved, including certainty of contract, disclosures, costs of park living, sale of a home, exit fees and park liaison committees. I believe the laws strike a fair balance between upholding the rights of tenants and maintaining the financial viability of the park for operators.”