Residential Tenancy Offences (WA)

In Western Australia, residential tenancies are governed by the Residential Tenancies Act 1987 (RTA). This Act sets out the duties and rights of tenants and lessors and the procedures to be followed when disputes arise. It also contains offences of which a party to a lease can be found guilty and penalised. This page deals with residential tenancy offences in WA.

The residential tenancy laws in Western Australia are designed to protect both landlords and tenants by establishing clear obligations and penalties for non-compliance. Understanding these offences is crucial for anyone involved in rental property arrangements, as violations can result in significant financial penalties and legal consequences.

Procedures for tenancy offences

Enforcement Authority

Where the Department of Energy, Mines, Industry Regulation and Safety believes that a tenant or landlord has committed an offence under the RTA, it may issue an infringement with a fine of up to $4000. Alternately, it can prosecute the offender in a court.

Investigation Process

The Department can investigate complaints about residential tenancy offences through various means, including inspections, written complaints, and evidence gathering. When an investigation reveals potential breaches, the Department has discretion to determine whether to proceed with an infringement notice or court prosecution based on the severity and circumstances of the offence.

Court Proceedings

For more serious offences or repeat violations, matters may be referred to the Magistrates Court of Western Australia. Court proceedings allow for higher penalties and can result in criminal convictions, which may have long-term implications for the offender's record.

Offences relating to rent

Excessive Rent Charges

Under section 32, it is an offence to charge excessive rent for a residential premises. A tenant may apply to a court for a declaration that rent payable for premises is excessive. If such an order is made, and the lessor continues to demand rent in an amount that is greater than the amount fixed by the court, they are guilty of an offence and may be fined up to $5,000.

Documentation and Record Keeping

It is an offence for a lessor to fail to issue a receipt for rent received (section 33) or to fail to keep records of rent received (section 34). These requirements ensure transparency and provide essential documentation for both parties in case of disputes.

Advance Rent Payments

Rent must not be required to be paid more than two weeks in advance (section 28). This provision protects tenants from unreasonable financial demands and ensures they are not required to pay excessive amounts upfront.

Offences relating to bonds

Bond Amount Restrictions

A person must not be required to pay more than one security bond or to pay a security bond of more than four weeks' rent (section 29). This limitation prevents landlords from imposing excessive financial burdens on tenants at the commencement of a tenancy.

Bond Administration Requirements

A person who receives a security bond for a rental property must issue a receipt and deposit the bond with the bond administrator (section 29). The bond administrator in Western Australia is the Department of Energy, Mines, Industry Regulation and Safety, which holds bonds in trust and manages their return at the end of tenancies.

Interference with quiet enjoyment

Tenant Rights Protection

Under section 59E, a lessor must not interfere with a tenant's peace, comfort or privacy in their use of the premises. This offence is punishable by a fine of up to $10,000. The right to quiet enjoyment is fundamental to residential tenancies and includes protection from harassment, unreasonable inspections, and interference with the tenant's use of the property.

Examples of Interference

Common examples of interference with quiet enjoyment include entering the premises without proper notice, harassment of tenants, unreasonable restrictions on the tenant's use of the property, and failure to maintain essential services. These actions can result in both criminal penalties and civil remedies for affected tenants.

False information

Tenant Information Obligations

There are also RTA offences relating to either party providing false information or failing to provide information. These include a tenant falsely stating their name or place of employment (section 53), which can undermine the landlord's ability to conduct proper tenancy checks and maintain accurate records.

Landlord Disclosure Requirements

A lessor failing to notify a tenant of the full name and address of the lessor (section 51), and a lessor failing to provide a tenant with a copy of the lease (section 54) also constitute offences. These requirements ensure tenants know who they are dealing with and have access to their tenancy documentation.

Security of premises

Lock and Security Modifications

Under section 59F, a landlord or tenant must not alter, remove or add a lock or other means of securing the premises with the other's permission. This is punishable by a fine of up to $20,000. This substantial penalty reflects the importance of maintaining security arrangements that both parties have agreed upon.

Security Breach Consequences

Unauthorised changes to security systems can compromise the safety of the premises and create liability issues for both parties. Any modifications to locks or security systems should be discussed and agreed upon in writing to avoid potential offences.

Property Condition and Maintenance Offences

Habitability Standards

Under the RTA, landlords have specific obligations to maintain rental properties in a habitable condition. Failure to address urgent repairs, maintain essential services, or ensure the property meets basic safety standards can constitute criminal offences with penalties of up to $5,000.

Tenant Damage Obligations

Tenants must not intentionally or negligently damage the rental property beyond normal wear and tear. Deliberate damage to property can result in both tenancy law penalties and separate criminal charges under the Criminal Code Act 1913 (WA).

Illegal Entry and Privacy Violations

Entry Notice Requirements

The RTA requires landlords to provide proper notice before entering rental premises, typically 7 days for routine inspections and 24 hours for urgent repairs. Entering without proper notice or legal justification constitutes an offence punishable by fines up to $10,000.

Emergency Entry Provisions

While landlords may enter premises in genuine emergencies without notice, misusing emergency entry provisions or fabricating emergencies to gain unauthorised access can result in serious legal consequences including criminal charges.

Breaches of tenancy agreements

Common Breaches

As well as the criminal offences contained in the RTA, there are numerous acts that may occur during a tenancy that amount to a breach of the residential tenancy agreement. Breaches of rental agreements include the non-payment of rent, causing serious damage to the premises, and causing injury to the landlord or agent.

Consequences of Breaches

Where a tenant breaches a rental agreement, this may lead to the agreement being terminated. A tenant who causes damage to a property or injures a landlord or agent may also be charged with a criminal offence such as