Compensation & Lease Breaches in WA

Renting a property in Western Australia comes with certain obligations and rights, both for landlords and tenants. Understanding these can help when issues such as lease breaches or compensation claims arise.

Understanding Lease Breaches

A lease breach occurs when either a tenant or landlord fails to meet their contractual obligations. For tenants, common breaches include failing to pay rent on time or causing damage to the property. For landlords, breaches might involve not maintaining the property or unlawfully entering the premises.

What to Do If a Breach Occurs

If you believe your landlord has breached the lease, the first step is communication. Gather evidence to support your case, such as written communications or photos.

Filing a Formal Complaint

If informal resolution fails, you may need to file a formal complaint. In Western Australia, tenants can apply to the Magistrates Court for disputes relating to residential tenancies.

Understanding Compensation Claims

If a lease breach leads to financial loss, you might be eligible for compensation. Compensation covers various scenarios, from damaged personal property to additional living costs incurred due to landlord breaches.

How to Claim Compensation

1. Gather evidence of the breach and resulting financial loss.
2. Contact your landlord or property manager with a detailed claim.
3. If unresolved, consider applying to the Magistrates Court for formal resolution.

Relevant Legislation

In Western Australia, the primary legislation governing residential tenancies is the Residential Tenancies Act 1987 (WA). It outlines the rights and obligations of both landlords and tenants.

Official Forms

• Form 1—Notice of Termination: Used by landlords to officially end a tenancy agreement.
• Form 12—Application for Court Order: Used by tenants to seek a court intervention in disputes.

These forms can be found on the official WA Government website.

1. What is considered a lease breach? A lease breach happens when either party, tenant or landlord, fails to comply with agreed-upon terms in the rental contract.
2. Can I claim compensation for a rental breach? Yes, if the breach has caused you financial loss or inconvenience, you may be entitled to compensation.
3. What should I do if my landlord breaches the lease? Communicate with your landlord, gather evidence, and consider mediation or applying to the Magistrates Court if necessary.

1. How to recognize a lease breach by your landlord
   1. Identify the specific clause in your rental agreement that's been breached.
   2. Document evidence, such as communication records or photos of the issue.
2. How to apply for compensation due to a lease breach
   1. Calculate your financial loss and gather relevant evidence.
   2. File an application with the Magistrates Court if a resolution cannot be reached through negotiation.

Key Takeaways

• Always communicate clearly with your landlord about breaches and try to resolve matters amicably.
• Know your rights and obligations under the Residential Tenancies Act 1987 (WA).
• Consider seeking legal advice or assistance if facing persistent issues.

Need Help? Resources for Renters

• Magistrates Court of Western Australia: For applying for tenancy dispute resolution.
• Tenancy WA: Provides legal information and assistance for tenants.
• Community Legal Centres: Offers free legal help and advice.

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• Residential Tenancies Act 1987 (WA)
• Magistrates Court
• Official WA Government Forms

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