Combatting Harassment & Misconduct by Landlords in Western Australia

Renting a property in Western Australia should be a straightforward and enjoyable experience. However, when landlords engage in harassment or misconduct, it can become quite unsettling. It’s crucial to understand your rights as a tenant to protect your living situation.

Understanding Harassment and Misconduct

Harassment encompasses any behaviour where the landlord makes unreasonable or repeated attempts to contact you, which could intimidate or prevent you from enjoying your rented home. Misconduct might involve breaching the rental agreement or failing to adhere to lawful obligations.

Laws Protecting Renters in Western Australia

Western Australia's Residential Tenancies Act 1987 safeguards tenants from harassment and misconduct. This Act outlines tenants' rights and the obligations of property owners, ensuring a balanced relationship.

According to the Fair Trading Act 1987 (Cth), landlords are legally barred from deceptive or coercive practices. Misconduct might include unauthorized entry, neglecting urgent repairs, or unwarranted interference with your tenancy1.

Taking Action Against Landlord Misconduct

• Document every interaction with the landlord, including phone calls, emails, and visits.
• Communicate any concerns in writing, requesting that the landlord stop the inappropriate conduct.
• If the situation doesn't improve, consider filing a complaint with the Western Australian Department of Mines, Industry Regulation and Safety (DMIRS) for mediation or advice.

Using Official Forms and Filing Complaints

If harassment continues, use the official Residential Tenancy Complaint Form provided by DMIRS. This form helps initiate official mediation between you and the landlord, often resulting in an amicable resolution.

Tip: Always retain a copy of any complaint forms and correspondence for future reference.

In cases where mediation fails, you might consider applying to the State Administrative Tribunal (SAT) for a formal hearing and decision.

Key Points to Remember

Ensure you remain informed and proactive about your rights:

• Know that your landlord has no right to harass or intimidate you.
• Document everything and communicate effectively to create a record.
• Escalate to official bodies like DMIRS or SAT if necessary.

Need Help? Resources for Renters

If you need assistance, the following resources in Western Australia can help:

• WA Consumer Protection - Tenant Advice
• Tenancy WA - Provides legal assistance to tenants
• Legal Aid WA - Offers legal advice and information

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1. What should I do if my landlord is harassing me? Document all instances of harassment, communicate your concerns in writing, and contact relevant authorities for mediation.
2. Can a landlord enter my property without notice? No, landlords must provide proper notice before entering the property unless there is an emergency.
3. What constitutes landlord harassment? Harassment can include repeated unwelcome contact, unauthorized property entry, or any conduct that disrupts your peaceful living.

1. How to file a complaint about landlord harassment in Western Australia
   1. Step 1: Gather evidence of the misconduct, such as emails or recorded communication.
   2. Step 2: Complete the Residential Tenancy Complaint Form available on the DMIRS website.
   3. Step 3: Submit the form online or via mail to DMIRS for mediation assistance.
   4. Step 4: If unsatisfied, apply to the State Administrative Tribunal for further action.

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