Common Lease Breaches and Tenant Compensation in WA

If you're a renter in Western Australia, understanding your rights around entry condition breaches and compensation is crucial. In WA, tenants often face issues such as unauthorized entry by landlords, delays in necessary repairs, or disputes over bond returns. Here, we explore top issues tenants face and provide guidance on how to handle them effectively.

Common Lease Breaches in Western Australia

Tenants in Western Australia may encounter several common lease breaches, including:

  • Unauthorized Entry: Landlords must provide the necessary notice before entering your premises, usually 7 days for a general inspection. Unauthorized entry could be a breach of your lease.
  • Failure to Repair: If a landlord does not undertake repairs within a reasonable time, it can seriously affect your living conditions.
  • Improper Rent Increases: While landlords can increase rent, they must do so according to the provisions in Residential Tenancies Act 1987 (WA). Tenants must receive notice (at least 60 days) of any rent increase via Form 10 [1].

Claiming Compensation for Breaches

If a breach affects your living conditions or results in financial loss, you could be entitled to compensation. For instance, if repairs delay impacts your enjoyment of the property or if you must pay for temporary accommodation, these costs may be recoverable.

The Process of Claiming Compensation

Claiming compensation involves a few key steps:

  • Document Everything: Keep records of all communications with your landlord, receipts, and any reports related to the breach.
  • Complete the Relevant Forms: Use Form 6 for a notice of breach, available at the Consumer Protection website of WA [2].
  • Apply to the Tribunal: If unresolved, bring your claim to the WA Department of Mines, Industry Regulation and Safety (DMIRS) through their magistrates' court [3].

Understand Your Rights

The Residential Tenancies Act 1987 (WA) is the guiding legislation for these matters. Tenants should familiarize themselves with it to better understand their entitlements and responsibilities. Accessible guides can be found on official websites such as the DMIRS and Western Australian Legislation.

Key tip: Always address breaches or disagreements in writing to maintain a clear record of all interactions.

Conclusion

  • Stay informed about your rights under the Residential Tenancies Act 1987 (WA).
  • Document all landlord interactions and breaches.
  • Use the appropriate forms and channels to claim compensation if necessary.

Need Help? Resources for Renters


  1. Residential Tenancies Act 1987 (WA) can be accessed here.
  2. Form 10 information can be found on the Commerce WA website.
  3. Details for DMIRS and tribunal applications are available at the DMIRS website.
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Australia

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.