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.

Procedures for tenancy offences

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.

Offences relating to rent

The RTA contains several offences relating to the payment of rent.

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.

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). Rent must not be required to be paid more than two weeks in advance (section 28).

Offences relating to bonds

The RTA also contains offences relating to the requirement to pay a security bond.

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).

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).  

Interference with quiet enjoyment

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.

False information

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), 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).

Security of premises

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.

Breaches of tenancy agreements

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.

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 criminal damage or assault.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.