Common Questions About Tenant Rights in Western Australia

As a tenant in Western Australia, understanding your rights is crucial to ensure you're protected in your rental agreement. From rent increases to repair obligations, many aspects of your rental experience are governed by the Residential Tenancies Act 1987 (WA). Here, we address some common concerns renters might face.

Understanding Rent Increases

Rent increases can be a source of stress for tenants. In Western Australia, your landlord must provide you with a written notice at least 60 days in advance if they intend to raise the rent. This notice should detail the new rent amount and the date it comes into effect. Rent increases are subject to rules outlined in your tenancy agreement and the Residential Tenancies Act 1987 (WA).

Receiving Repairs and Maintenance

Landlords are obligated to ensure that rental properties are maintained in a condition that is safe and habitable. If you encounter issues requiring repair, such as a leaking roof or a broken water heater, you should notify your landlord promptly in writing. For urgent repairs, landlords must act within a reasonable time frame.

Dealing with Evictions

If a landlord wishes to terminate your tenancy, they must provide a legally valid reason and a notice period as specified in the Residential Tenancies Act 1987 (WA). Common grounds for eviction include breaches of the lease agreement, such as failing to pay rent or damaging the property.

Navigating Rent Disputes

Disputes may arise regarding rental agreements. The Department of Mines, Industry Regulation and Safety (DMIRS) offers a dispute resolution service to help landlords and tenants resolve issues amicably without going to court.

Relevant Forms for Tenants

• Notice of Rent Increase (Form 11): This form should be used by landlords to notify tenants of a rent increase. More information is available on the WA Government website.
• Notice to Repair (Form 23): Tenants can use this form to request necessary repairs from their landlord. See more details here.

When Legal Disputes Arise

For more complex disputes, tenants can apply to the Magistrates Court for resolution. This can include disagreements over bond return, eviction notices, and unresolved repairs.

1. How can I challenge a rent increase? You should first review the notice to ensure compliance with state rules, then discuss with your landlord. If unresolved, consider mediation services.
2. What do I do if repairs are not made? First, formally request repairs using Form 23. If the landlord doesn't respond, seek help from the DMIRS or apply to the Magistrates Court.
3. Is my landlord responsible for mold? Mold issues often relate to maintenance and repair obligations of the landlord. Report such issues promptly and seek resolution through the appropriate channels.

1. How to request urgent repairs?
   1. Step 1: Identify the urgent repair needs, such as a gas leak or major water leak.
   2. Step 2: Notify your landlord in writing immediately, specifying the nature of the repairs needed.
   3. Step 3: If the landlord fails to respond, utilize services offered by DMIRS or lodge a claim with the Magistrates Court under the Residential Tenancies Act 1987 (WA).
2. How to resolve a tenancy dispute?
   1. Step 1: Discuss the issue directly with your landlord to find an amicable solution.
   2. Step 2: If unresolved, consider free dispute resolution through the DMIRS.
   3. Step 3: As a last resort, apply to the Magistrates Court for a formal resolution.

Key Takeaways

• Ensure any rent increase or eviction notice complies with the Residential Tenancies Act 1987 (WA).
• Use correct forms and processes for requesting repairs and handling disputes.
• Seek assistance from DMIRS for dispute resolution when needed.

Need Help? Resources for Renters

If you need further assistance, consider reaching out to these resources:

• Consumer Protection WA - provides advice on your rights as a tenant.
• Magistrates Court of Western Australia - for formal dispute resolutions.
• Tenancy WA - offers legal advice and support services for tenants.

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• Department of Mines, Industry Regulation and Safety: Residential Tenancy Dispute Resolution
• Residential Tenancies Act 1987 (WA)
• Fair Trading Act 1987 (Cth)

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