Residential Tenancies in Western Australia

The recent amendments to the Act now require both parties to sign a standard, prescribed rental agreement form (Form 1AA). The form cannot be altered, though both parties are entitled to add special clauses that they have agreed upon. Any additional clauses must not breach the provisions of the Act.

At the start of the tenancy both parties must complete a property condition report (Form 1), which sets out the condition and contents of every room in the dwelling. The landlord/property manager must complete the report and provide 2 copies to the tenant within 7 days of the start of the tenancy. The tenant in turn must make note of any entry they disagree with and return the form within 7 days of receiving it. If the tenant fails to complete and return the report then it is assumed that they agree with the content of the report. At the end of the tenancy the landlord/property manager must complete a further report within 14 days and provide a copy to the tenant.

The bond is the amount of money paid by the tenant at the start of a tenancy which may be used to cover the costs of repairs or other expenses required to be paid by the tenant at the end of the tenancy. The bond money remains the property of the tenant throughout the tenancy, but will only be released at the end of the lease if both the landlord and tenant agree, or by order of the Magistrates Court of Western Australia.

The bond is lodged with the Bond Administrator at the Department of Commerce until the tenancy ends. If there is more than one tenant in a share house, then each tenant must note on the form the amount that they contributed.

The amount of the bond must not be more than 4 weeks rent, unless the weekly rental amount exceeds $1200.

A tenant can end a residential lease in the following circumstances:

A landlord can end a residential lease in the following circumstances:

• For non-payment of rent (Forms 1A and 1B) after the tenant has been granted a further 14 days to pay
• Where the tenant has breached the agreement and fails to remedy the breach within 14 days (Form 1C)
• Where the premises is damaged such as to be uninhabitable, or is acquired by law, the tenant may end the agreement after providing at least 7 days notice (Form 1C)
• Under a periodic tenancy, with no reason, after 60 days notice
• Under a periodic tenancy, due to the property’s sale, after 30 days notice
• By order of the Magistrates Court of WA, where the tenant has or is likely to damage the property, injure a neighbour, the landlord or the agent
• At any time by mutual agreement in writing with the landlord.

Residential tenancy disputes most often arise in relation to issues arising out of property damage, unpaid rent, maintenance of the property, return of the bond and termination of the agreement.

The first step is to attempt to amicably resolve the dispute with the other party. However, if this fails, then the Act sets out a system for resolving disputes which involves serving notices and observing prescribed time periods.

If both of these methods fail, however, you may be entitled to apply to the Magistrates Court of Western Australia to seek the Court’s assistance in resolving the dispute. Applications are made under the minor case division, which allows claims up to the value of $10,000 to be heard. If you find you need to apply to the Court for assistance, or if the other party has commenced a claim against you, you can seek assistance at any of the services listed below, or by contacting us at Go To Court Lawyers on 1300 636 846.

Further information and help in resolving disputes can be obtained from the following sources:

• Department of Commerce: commerce.wa.gov.au
• Tenancy WA: tenancywa.org.au
• Tenant Help: tenanthelp.com.au
• Accord West: accordwest.com.au

If you have any concerns about residential tenancies in WA, or if you need assistance resolving a tenancy dispute, you can call us to arrange to speak with one of our experienced WA Civil Lawyers on 1300 636 846, 5am – 10pm, 7 days a week.