Detecting Landlord Violations in WA Rent and Bond Laws

Understanding your rights as a renter in Western Australia is essential to ensure you are not being taken advantage of regarding rent, bond, and holding deposits. This guide will help you identify if your landlord is violating these specific tenancy laws, backed by the Residential Tenancies Act 1987 (WA).

Common Landlord Violations in WA

Illegal Bond and Holding Deposit Practices

Your tenancy bond acts as security for the landlord if you fail to meet certain obligations. It's crucial to ensure that this bond is lodged properly. Under the Residential Tenancies Act 1987 (WA), landlords must lodge your bond with the Bond Administrator at the WA Department of Mines, Industry Regulation and Safety (DMIRS) within 14 days of receiving it.

• If your landlord fails to provide you with a receipt or proof that your bond has been lodged, they may be violating tenancy laws.

Unlawful Rent Increases

Rent increments must follow specific protocols. The landlord must provide you with a written notice of any rent increase at least 60 days in advance, detailing the new amount, the method of payment, and the date from which the increased rent applies.

Tip: Ensure any notice of rent increase is in writing. If it's not, you're not legally required to pay the increased amount.

Improper Handling of Holding Deposits

Holding deposits can be used to show your intention to enter into a tenancy with a landlord. However, if the tenancy does not proceed, your landlord must refund the holding deposit unless otherwise agreed in writing.

Lodging a Complaint

If you believe your landlord is breaching the Residential Tenancies Act 1987 (WA), you can lodge a complaint with Consumer Protection in Western Australia. You may also wish to apply for a hearing at the State Administrative Tribunal (WA) to resolve disputes relating to tenancy issues.

Need Help? Resources for Renters

If you require further assistance, several resources are available to support renters in navigating their rights:

• WA Department of Mines, Industry Regulation and Safety
• State Administrative Tribunal (WA)
• Tenancy WA - Offers legal advice to tenants (visit their website for contact details)

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1. What should I do if my landlord doesn't lodge my bond? Contact the WA Department of Mines, Industry Regulation and Safety to lodge a complaint and seek rectification. Ensure you have all transaction details ready.
2. Can my landlord increase my rent without notice? No, landlords must provide at least 60 days' written notice before any rent increase.
3. What happens if I change my mind after paying a holding deposit? You should receive a refund unless it was otherwise agreed in writing. If not refunded, consider seeking assistance from a tenancy advisory service.

1. How to check if your bond has been lodged in WA
   1. Contact your landlord or property manager. Request the lodgement details for the bond deposit.
   2. Reach out to DMIRS. Contact the WA Department of Mines, Industry Regulation and Safety directly to confirm.
2. How to dispute a rent increase in WA
   1. Review the rent increase notice. Ensure it meets the regulatory requirements, including the correct notice period.
   2. Write to your landlord. Express your concerns or request negotiation if the increase seems unjust.

Key Takeaways

• Ensure your rental bond is lodged with DMIRS by obtaining confirmation.
• Watch for correct procedures and timeframes in rent increase notices.
• Know your rights concerning holding deposits, as improper handling could be unlawful.

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