Compensation & Lease Breaches in WA: Your Rights Decoded

As a renter in Western Australia, knowing your rights concerning compensation and lease breaches is crucial. Whether it's a sudden rent increase, issues with your rental property, or a breach of lease terms, being informed can help you take the right actions. The Residential Tenancies Act 1987 (WA) provides a framework for addressing such issues and ensures your rights are protected.

Your Rights as a Renter in Western Australia

Under the Residential Tenancies Act 1987 (WA), you have the right to enjoy your rental property without interference. If your landlord breaches the agreement, you might be eligible for compensation.

Common Lease Breaches

• Entry Without Notice: Landlords must provide at least seven days' written notice before entering the property, except in emergencies.
• Failure to Maintain Property: Landlords must ensure the property is in a habitable state. This includes repairs and maintenance.
• Unjust Eviction: Evictions must follow the correct legal process, with valid reasons and notices.

Compensation for Lease Breaches

If a landlord breaches the lease terms, you may seek compensation. Compensation claims could arise from:

• Loss of quiet enjoyment due to unnecessary disturbances
• Untimely repairs leading to inconvenience or damage
• Unlawful eviction processes

Taking Action: Filing a Complaint

If you face issues with your landlord, the first step is often to communicate directly and try resolving the matter amicably. If this fails, you may consider filing a complaint with the Western Australian Department of Mines, Industry Regulation and Safety. They oversee residential tenancy laws and can guide you through the process.

FAQs

1. What should I do if my landlord enters the property without notice? You should immediately document the incident and communicate with your landlord expressing your concerns. If the behavior continues, you may file a complaint with the local tenant authority.
2. Can I terminate my lease if repairs are not made? Under certain circumstances, if the landlord fails to perform necessary repairs, you might have grounds to terminate the lease legally. Always seek advice before breaking a lease.
3. How can I prove a breach of quiet enjoyment? Document incidences of disturbances with dates and details, and gather any relevant communication or witness statements to support your case.

How to File a Compensation Claim

1. Gather Evidence: Compile all relevant documents, communications, and evidence of the breach or damages incurred.
2. Complete the Required Form: Use the Form 6 - Application for Compensation available on the official website to detail your compensation claim.
3. Submit Your Application: Lodge the completed form with the Western Australian Department of Mines, Industry Regulation and Safety.

Need Help? Resources for Renters

• Western Australian Department of Mines, Industry Regulation and Safety – For legal advice and complaints.
• Tenancy WA – Provides legal support and guidance for all tenancy-related issues.
• WACOSS Emergency Support Directory – For various support services, including housing and legal aid.

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1. Residential Tenancies Act 1987 (WA)
2. Fair Trading Act 1987 (Cth)
3. Western Australian Department of Mines, Industry Regulation and Safety

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