❓ A parliamentary question regarding amendments to Residential Tenancies Regulations and their impact on retirees with leases from National Lifestyle Villages, specifically concerning notice periods and alleged misleading advertising. The response clarifies the regulations and actions taken by the Commissioner for Fair Trading.
AnsweredQoN 475Legislative Council
QuestionView source ↗
(1) Will the minister inform the house how amendments to the existing Residential Tenancies Regulations 1989, which will require - (a) park operators to give long-term residents of park homes who own their dwellings not fewer than 120 days’ notice of termination of a tenancy agreement without specifying grounds for notice; and (b) park operators to give residents not fewer than 60 days’ notice of termination of a tenancy agreement on the ground that the park has been sold, will improve the security of tenure of retirees who have entered into what they were told were 60-year lease agreements with National Lifestyle Villages Pty Ltd? (2) Given that the Commissioner for Fair Trading has advised that the 60-year lease agreements entered into by the residents of Lake Joondalup Lifestyle Village are void, what action does the government propose to bring against National Lifestyle Villages for false and misleading advertising? Hon KIM CHANCE
AnswerView source ↗
On behalf of the minister representing the Minister for Consumer and Employment Protection, I thank Hon Anthony Fels for some notice of the question. (1) The amendments to the Residential Tenancies Regulations 1989 made at the end of last year entitled park tenants who own a dwelling and are subject to a periodic tenancy agreement to double the amount of notice required to be given to them than was previously required for termination. The park operators are now required - (a) to give 120 days’ notice to the tenant to vacate residents without a reason - the previous notice period was 60 days; and (b) to give not fewer than 60 days’ notice if they are selling the property - the previous notice period was 30 days. If someone has entered into a 60-year lease, it is a fixed-term lease and the notice periods for fixed-term leases apply. The department is aware that National Lifestyle Villages offers fixed-term 60-year leases for some of its villages. (2) To the knowledge of the Commissioner for Fair Trading, the residents of Lake Joondalup Lifestyle Village were not offered 60-year lease agreements; rather, they were offered leases for life. The Commissioner for Fair Trading has never stated that a lease for 60 years is void. The commissioner raised his concerns that the particular term clause of the leases for life offered in the case of Lake Joondalup Lifestyle Village was void for uncertainty, and the leases themselves were therefore void for uncertainty, as it was not clear which person’s life was being referred to, and there were other problems with the clause. National Lifestyle Villages agreed to amend the clause such that it was clear which person’s life was being referred to, and the commissioner was comfortable that a court would hold the amended lease agreement to be valid. National Lifestyle Villages offered the amended lease agreements to all residents. The amendment to the lease made it clear that the lease was for a fixed term - in essence, a particular person’s lifetime - and therefore the notice period for fixed-term leases apply to the amended lease offered. The commissioner does not propose action against National Lifestyle Villages on the Lake Joondalup lease. The different opinions of National Lifestyle Villages and the commissioner about the validity of the lease were resolved by National Lifestyle Villages amending the lease to the commissioner’s satisfaction.
(b) park operators to give residents not fewer than 60 days’ notice of termination of a tenancy agreement on the ground that the park has been sold, will improve the security of tenure of retirees who have entered into what they were told were 60-year lease agreements with National Lifestyle Villages Pty Ltd?
will improve the security of tenure of retirees who have entered into what they were told were 60-year lease agreements with National Lifestyle Villages Pty Ltd?
Hon KIM CHANCE replied: On behalf of the minister representing the Minister for Consumer and Employment Protection, I thank Hon Anthony Fels for some notice of the question. (1) The amendments to the Residential Tenancies Regulations 1989 made at the end of last year entitled park tenants who own a dwelling and are subject to a periodic tenancy agreement to double the amount of notice required to be given to them than was previously required for termination. The park operators are now required - (a) to give 120 days’ notice to the tenant to vacate residents without a reason - the previous notice period was 60 days; and (b) to give not fewer than 60 days’ notice if they are selling the property - the previous notice period was 30 days. If someone has entered into a 60-year lease, it is a fixed-term lease and the notice periods for fixed-term leases apply. The department is aware that National Lifestyle Villages offers fixed-term 60-year leases for some of its villages. (2) To the knowledge of the Commissioner for Fair Trading, the residents of Lake Joondalup Lifestyle Village were not offered 60-year lease agreements; rather, they were offered leases for life. The Commissioner for Fair Trading has never stated that a lease for 60 years is void. The commissioner raised his concerns that the particular term clause of the leases for life offered in the case of Lake Joondalup Lifestyle Village was void for uncertainty, and the leases themselves were therefore void for uncertainty, as it was not clear which person’s life was being referred to, and there were other problems with the clause. National Lifestyle Villages agreed to amend the clause such that it was clear which person’s life was being referred to, and the commissioner was comfortable that a court would hold the amended lease agreement to be valid. National Lifestyle Villages offered the amended lease agreements to all residents. The amendment to the lease made it clear that the lease was for a fixed term - in essence, a particular person’s lifetime - and therefore the notice period for fixed-term leases apply to the amended lease offered. The commissioner does not propose action against National Lifestyle Villages on the Lake Joondalup lease. The different opinions of National Lifestyle Villages and the commissioner about the validity of the lease were resolved by National Lifestyle Villages amending the lease to the commissioner’s satisfaction.
On behalf of the minister representing the Minister for Consumer and Employment Protection, I thank Hon Anthony Fels for some notice of the question. (1) The amendments to the Residential Tenancies Regulations 1989 made at the end of last year entitled park tenants who own a dwelling and are subject to a periodic tenancy agreement to double the amount of notice required to be given to them than was previously required for termination. The park operators are now required - (a) to give 120 days’ notice to the tenant to vacate residents without a reason - the previous notice period was 60 days; and (b) to give not fewer than 60 days’ notice if they are selling the property - the previous notice period was 30 days. If someone has entered into a 60-year lease, it is a fixed-term lease and the notice periods for fixed-term leases apply. The department is aware that National Lifestyle Villages offers fixed-term 60-year leases for some of its villages. (2) To the knowledge of the Commissioner for Fair Trading, the residents of Lake Joondalup Lifestyle Village were not offered 60-year lease agreements; rather, they were offered leases for life. The Commissioner for Fair Trading has never stated that a lease for 60 years is void. The commissioner raised his concerns that the particular term clause of the leases for life offered in the case of Lake Joondalup Lifestyle Village was void for uncertainty, and the leases themselves were therefore void for uncertainty, as it was not clear which person’s life was being referred to, and there were other problems with the clause. National Lifestyle Villages agreed to amend the clause such that it was clear which person’s life was being referred to, and the commissioner was comfortable that a court would hold the amended lease agreement to be valid. National Lifestyle Villages offered the amended lease agreements to all residents. The amendment to the lease made it clear that the lease was for a fixed term - in essence, a particular person’s lifetime - and therefore the notice period for fixed-term leases apply to the amended lease offered. The commissioner does not propose action against National Lifestyle Villages on the Lake Joondalup lease. The different opinions of National Lifestyle Villages and the commissioner about the validity of the lease were resolved by National Lifestyle Villages amending the lease to the commissioner’s satisfaction.
(1) The amendments to the Residential Tenancies Regulations 1989 made at the end of last year entitled park tenants who own a dwelling and are subject to a periodic tenancy agreement to double the amount of notice required to be given to them than was previously required for termination. The park operators are now required - (a) to give 120 days’ notice to the tenant to vacate residents without a reason - the previous notice period was 60 days; and (b) to give not fewer than 60 days’ notice if they are selling the property - the previous notice period was 30 days. If someone has entered into a 60-year lease, it is a fixed-term lease and the notice periods for fixed-term leases apply. The department is aware that National Lifestyle Villages offers fixed-term 60-year leases for some of its villages. (2) To the knowledge of the Commissioner for Fair Trading, the residents of Lake Joondalup Lifestyle Village were not offered 60-year lease agreements; rather, they were offered leases for life. The Commissioner for Fair Trading has never stated that a lease for 60 years is void. The commissioner raised his concerns that the particular term clause of the leases for life offered in the case of Lake Joondalup Lifestyle Village was void for uncertainty, and the leases themselves were therefore void for uncertainty, as it was not clear which person’s life was being referred to, and there were other problems with the clause. National Lifestyle Villages agreed to amend the clause such that it was clear which person’s life was being referred to, and the commissioner was comfortable that a court would hold the amended lease agreement to be valid. National Lifestyle Villages offered the amended lease agreements to all residents. The amendment to the lease made it clear that the lease was for a fixed term - in essence, a particular person’s lifetime - and therefore the notice period for fixed-term leases apply to the amended lease offered. The commissioner does not propose action against National Lifestyle Villages on the Lake Joondalup lease. The different opinions of National Lifestyle Villages and the commissioner about the validity of the lease were resolved by National Lifestyle Villages amending the lease to the commissioner’s satisfaction.
(b) to give not fewer than 60 days’ notice if they are selling the property - the previous notice period was 30 days. If someone has entered into a 60-year lease, it is a fixed-term lease and the notice periods for fixed-term leases apply. The department is aware that National Lifestyle Villages offers fixed-term 60-year leases for some of its villages.
If someone has entered into a 60-year lease, it is a fixed-term lease and the notice periods for fixed-term leases apply. The department is aware that National Lifestyle Villages offers fixed-term 60-year leases for some of its villages.
(b) park operators to give residents not fewer than 60 days’ notice of termination of a tenancy agreement on the ground that the park has been sold, will improve the security of tenure of retirees who have entered into what they were told were 60-year lease agreements with National Lifestyle Villages Pty Ltd?
will improve the security of tenure of retirees who have entered into what they were told were 60-year lease agreements with National Lifestyle Villages Pty Ltd?
Hon KIM CHANCE replied: On behalf of the minister representing the Minister for Consumer and Employment Protection, I thank Hon Anthony Fels for some notice of the question. (1) The amendments to the Residential Tenancies Regulations 1989 made at the end of last year entitled park tenants who own a dwelling and are subject to a periodic tenancy agreement to double the amount of notice required to be given to them than was previously required for termination. The park operators are now required - (a) to give 120 days’ notice to the tenant to vacate residents without a reason - the previous notice period was 60 days; and (b) to give not fewer than 60 days’ notice if they are selling the property - the previous notice period was 30 days. If someone has entered into a 60-year lease, it is a fixed-term lease and the notice periods for fixed-term leases apply. The department is aware that National Lifestyle Villages offers fixed-term 60-year leases for some of its villages. (2) To the knowledge of the Commissioner for Fair Trading, the residents of Lake Joondalup Lifestyle Village were not offered 60-year lease agreements; rather, they were offered leases for life. The Commissioner for Fair Trading has never stated that a lease for 60 years is void. The commissioner raised his concerns that the particular term clause of the leases for life offered in the case of Lake Joondalup Lifestyle Village was void for uncertainty, and the leases themselves were therefore void for uncertainty, as it was not clear which person’s life was being referred to, and there were other problems with the clause. National Lifestyle Villages agreed to amend the clause such that it was clear which person’s life was being referred to, and the commissioner was comfortable that a court would hold the amended lease agreement to be valid. National Lifestyle Villages offered the amended lease agreements to all residents. The amendment to the lease made it clear that the lease was for a fixed term - in essence, a particular person’s lifetime - and therefore the notice period for fixed-term leases apply to the amended lease offered. The commissioner does not propose action against National Lifestyle Villages on the Lake Joondalup lease. The different opinions of National Lifestyle Villages and the commissioner about the validity of the lease were resolved by National Lifestyle Villages amending the lease to the commissioner’s satisfaction.
On behalf of the minister representing the Minister for Consumer and Employment Protection, I thank Hon Anthony Fels for some notice of the question. (1) The amendments to the Residential Tenancies Regulations 1989 made at the end of last year entitled park tenants who own a dwelling and are subject to a periodic tenancy agreement to double the amount of notice required to be given to them than was previously required for termination. The park operators are now required - (a) to give 120 days’ notice to the tenant to vacate residents without a reason - the previous notice period was 60 days; and (b) to give not fewer than 60 days’ notice if they are selling the property - the previous notice period was 30 days. If someone has entered into a 60-year lease, it is a fixed-term lease and the notice periods for fixed-term leases apply. The department is aware that National Lifestyle Villages offers fixed-term 60-year leases for some of its villages. (2) To the knowledge of the Commissioner for Fair Trading, the residents of Lake Joondalup Lifestyle Village were not offered 60-year lease agreements; rather, they were offered leases for life. The Commissioner for Fair Trading has never stated that a lease for 60 years is void. The commissioner raised his concerns that the particular term clause of the leases for life offered in the case of Lake Joondalup Lifestyle Village was void for uncertainty, and the leases themselves were therefore void for uncertainty, as it was not clear which person’s life was being referred to, and there were other problems with the clause. National Lifestyle Villages agreed to amend the clause such that it was clear which person’s life was being referred to, and the commissioner was comfortable that a court would hold the amended lease agreement to be valid. National Lifestyle Villages offered the amended lease agreements to all residents. The amendment to the lease made it clear that the lease was for a fixed term - in essence, a particular person’s lifetime - and therefore the notice period for fixed-term leases apply to the amended lease offered. The commissioner does not propose action against National Lifestyle Villages on the Lake Joondalup lease. The different opinions of National Lifestyle Villages and the commissioner about the validity of the lease were resolved by National Lifestyle Villages amending the lease to the commissioner’s satisfaction.
(1) The amendments to the Residential Tenancies Regulations 1989 made at the end of last year entitled park tenants who own a dwelling and are subject to a periodic tenancy agreement to double the amount of notice required to be given to them than was previously required for termination. The park operators are now required - (a) to give 120 days’ notice to the tenant to vacate residents without a reason - the previous notice period was 60 days; and (b) to give not fewer than 60 days’ notice if they are selling the property - the previous notice period was 30 days. If someone has entered into a 60-year lease, it is a fixed-term lease and the notice periods for fixed-term leases apply. The department is aware that National Lifestyle Villages offers fixed-term 60-year leases for some of its villages. (2) To the knowledge of the Commissioner for Fair Trading, the residents of Lake Joondalup Lifestyle Village were not offered 60-year lease agreements; rather, they were offered leases for life. The Commissioner for Fair Trading has never stated that a lease for 60 years is void. The commissioner raised his concerns that the particular term clause of the leases for life offered in the case of Lake Joondalup Lifestyle Village was void for uncertainty, and the leases themselves were therefore void for uncertainty, as it was not clear which person’s life was being referred to, and there were other problems with the clause. National Lifestyle Villages agreed to amend the clause such that it was clear which person’s life was being referred to, and the commissioner was comfortable that a court would hold the amended lease agreement to be valid. National Lifestyle Villages offered the amended lease agreements to all residents. The amendment to the lease made it clear that the lease was for a fixed term - in essence, a particular person’s lifetime - and therefore the notice period for fixed-term leases apply to the amended lease offered. The commissioner does not propose action against National Lifestyle Villages on the Lake Joondalup lease. The different opinions of National Lifestyle Villages and the commissioner about the validity of the lease were resolved by National Lifestyle Villages amending the lease to the commissioner’s satisfaction.
(b) to give not fewer than 60 days’ notice if they are selling the property - the previous notice period was 30 days. If someone has entered into a 60-year lease, it is a fixed-term lease and the notice periods for fixed-term leases apply. The department is aware that National Lifestyle Villages offers fixed-term 60-year leases for some of its villages.
If someone has entered into a 60-year lease, it is a fixed-term lease and the notice periods for fixed-term leases apply. The department is aware that National Lifestyle Villages offers fixed-term 60-year leases for some of its villages.
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