Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section and sections 6 and 7, this Act applies to any residential tenancy
agreement entered into, renewed, extended, assigned or otherwise transferred
after the commencement of this Act.
(2) This Act does not
apply to any residential tenancy agreement —
(a)
where the tenant is a party to an agreement for the sale and purchase of the
premises;
(b)
where the agreement arises under a mortgage in respect of the premises;
(c)
where the agreement arises under a scheme under which —
(i)
a group of adjacent premises is owned by a company; and
(ii)
the premises comprising the group are let by the company
to persons who jointly have a controlling interest in the company;
(d)
where the tenant is a boarder or lodger;
(e)
where the agreement is bona fide entered into for the purpose of conferring on
a person a right to occupy premises for a holiday;
(f)
where the agreement is entered into as owner, whether generally or in
prescribed circumstances, by any prescribed person or agency being a person or
agency that is acting on behalf of the Crown; or
(g)
where the agreement is a prescribed agreement, or is an agreement of a
prescribed class.
(3) This Act does not
apply to or in relation to —
(a) any
part of a hotel or motel;
(b) any
part of an educational institution, college, hospital or nursing home;
(c) any
premises used for the purposes of a club;
(d) any
premises used as a home for aged or disabled persons by an eligible
organization within the meaning of the Aged or Disabled Persons Homes
Act 1954 of the Commonwealth Parliament;
(e) any
prescribed premises or premises of a prescribed class.
(4) For the purposes
of subsection (2)(e), an agreement conferring a right to occupy premises
for a fixed term of 3 months or longer shall be deemed, in the absence of
proof to the contrary, not to have been entered into bona fide for the purpose
of conferring a right to occupy the premises for a holiday.
(5) Subject to
subsection (6), this Act applies to a site at a caravan park, within the
meaning of the Caravan Parks and Camping Grounds Act 1995 (whether or
not a caravan, within the meaning of that Act, is situated on that site) as if
the site was residential premises for the purposes of this Act.
(6) This Act does not
apply to a site at a residential park, within the meaning of the
Residential Parks (Long-stay Tenants) Act 2006 , other than in relation to a
residential tenancy agreement —
(a)
under which a person has a right to occupy such a site; and
(b) that
is an existing fixed term long-stay agreement made in writing, to which the
Residential Parks (Long-stay Tenants) Act 2006 does not apply in accordance
with section 6(4) of that Act.
(7) Subsection (6) has
effect despite section 8(1) of the Residential Parks (Long-stay Tenants) Act
2006 .
[Section 5 amended by No. 34 of 1995
s. 33; No. 32 of 2006 s. 98.]