Compensation for Lease Breaches in WA

Renting a property in Western Australia comes with specific rights and responsibilities detailed under the Residential Tenancies Act 1987. If you're experiencing issues such as breaches of your rental agreement or seek compensation, it's important to know your legal rights and the steps you can take.

Your Rights Under the Law

In Western Australia, renters are protected by the Residential Tenancies Act 1987. This Act outlines your rights to a secure and safe renting experience, including how landlords must maintain properties and what constitutes a breach of tenancy.

What Constitutes a Breach?

Breach of lease can include failure to perform repairs, illegal rent increases, or unsanctioned access to the property by your landlord. Knowing these rights is vital in seeking compensation.

Seeking Compensation

If a breach has occurred, renters can request compensation. This could be for uninhabitable conditions or costs incurred from relocating due to a breach. To make a claim, follow these steps:

• Record the Issue: Document all breaches with photos and detailed descriptions.
• Notify the Landlord: Use Form 20, Notice to Landlord of Breach of Agreement, available from the Consumer Protection website. Ensure it's completed accurately to detail the breach.
• Apply for Relief: If unresolved, apply to the Magistrates Court for an order using the official forms found on the Magistrates Court of Western Australia website.

The Tribunal Process

The State Administrative Tribunal (SAT) is where you can further pursue unresolved disputes, like compensation claims, ensuring both landlords and tenants comply with the leasing agreement.

It's crucial to maintain records of all communications and agreements with your landlord during the process.

1. What if my landlord breaches the rental agreement? You can seek compensation or repairs. Document everything and use the appropriate forms to notify them.
2. How can I apply for compensation? Initiate by notifying your landlord formally, then follow up with a Magistrates Court application if needed.
3. What forms do I need to report a breach? Use Form 20 from the Consumer Protection website and, if unresolved, lodge a query with the SAT.
4. Can I terminate my lease if the property is unlivable? Yes, but seek advice to ensure procedural compliance with the Residential Tenancies Act 1987.
5. Where do I turn for disputes? The State Administrative Tribunal is your official recourse for unresolved disputes.

1. How to file a breach notice
1. Check the details of your rental agreement and collect evidence of the breach.
2. Fill out Form 20 from Consumer Protection WA accurately, detailing the nature of the breach.
3. Send the notice to your landlord or property manager, keeping a copy for your records.
1. How to apply for compensation
1. Compile all relevant documentation, including copies of lease, communication, and breach details.
2. Complete an application form for the Magistrates Court, outlining the compensation claim.
3. Submit your application and await court instructions for a hearing date.

Need help? Resources for Renters

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

• Consumer Protection WA, for resources and advice on rental issues.
• State Administrative Tribunal (SAT), for formal dispute resolution.
• Local Community Legal Centres, which offer free legal advice to renters.

---

1. Residential Tenancies Act 1987 - Western Australia

2. Consumer Protection WA - Forms and Sample Letters

3. State Administrative Tribunal - Western Australia

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid