Are You Protected Against Tenancy Agreements & Renewals in WA

Renting a property in Western Australia involves understanding your rights and responsibilities under tenancy agreements and renewals. With protections under the Residential Tenancies Act 1987, renters can feel more secure in their housing arrangements. This guide outlines what every renter in WA should know about tenancy agreements, renewals, and their associated rights.

Understanding Tenancy Agreements and Renewals

A tenancy agreement is a legally binding contract between you and your landlord. It sets out the terms of your rental, including the rent amount, payment frequency, and maintenance responsibilities.

Key Elements of a Tenancy Agreement

• Rent Increases: Landlords must provide written notice at least 60 days prior to any rent increase. Check your rental agreement to understand the terms regarding rent increases.
• Lease Renewals: When your tenancy is about to expire, consider whether to renew your lease or transition to a periodic tenancy. Each option has different obligations and benefits. In WA, renewing a fixed-term lease mutually agreed upon by you and your landlord requires a new signed agreement.
• Ending a Tenancy: To end a tenancy agreement legally, you or your landlord must provide the required notice period and comply with all relevant provisions of the Residential Tenancies Act 1987.

Forms and Legal Protection

The Department of Mines, Industry Regulation and Safety (DMIRS) website provides official forms necessary for various rental transactions.

Commonly Used Forms

Using the correct forms ensures processes are legally sound:

• Form 1AC: This 'Information for Tenant' form outlines your rights and obligations at the start of a tenancy. It's critical your landlord provides this form along with the tenancy agreement.
• Form 12: If you need to end your tenancy, use this form to officially inform your landlord.

Dispute Resolution

Disputes may arise during your tenancy. Several avenues exist to resolve these issues:

• Negotiate Directly: Attempt to resolve any disputes through direct negotiation with your landlord.
• Contact the Tenancy WA: Provides free advice and support regarding tenant issues.
• Apply to the Magistrates Court: If direct negotiation fails, formal dispute resolution can be sought through the WA Magistrates Court, which handles residential tenancy disputes.

Tip: Always keep written records of your communications with your landlord regarding your tenancy.

FAQ Section

1. What happens if I can't agree to a rent increase? If you can't agree to a proposed rent increase, you can challenge it by applying to the Magistrates Court of WA for assistance.
2. What should I do if my landlord fails to provide required forms? If your landlord does not provide essential forms like Form 1AC, contact Tenancy WA for advice on your rights and possible actions.
3. Can my lease be renewed automatically? No, lease renewals require a new agreement. Discuss with your landlord and ensure a new contract is signed before your existing lease expires.

How To Section

1. How to respond to a rent increase notification:
2. Review the notice: Ensure it meets the legal requirements under the Residential Tenancies Act 1987.
3. Consider the market rate: Research current market rents to assess if the increase is reasonable.
4. Negotiate with your landlord: Reach out to discuss any concerns or negotiate the terms of the increase.

Need Help? Resources for Renters

If you need assistance with tenancy agreements or renewals, contact the following resources:

• WA Department of Mines, Industry Regulation and Safety: Provides guidelines and forms for renters.
• Tenancy WA: Offers free legal and support services for renters.

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1. Residential Tenancies Act 1987: Full text of the Act
2. Fair Trading Act 1987 (Cth): Refer to legislation.gov.au
3. WA Department of Mines, Industry Regulation and Safety Forms: Official WA government site for forms

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