FAQs on Tenant Rights in Western Australia

Navigating the rental landscape in Western Australia can be challenging, especially if you're unsure about your rights as a tenant. Understanding your entitlements can help you deal with issues like rent increases, evictions, and repairs more effectively. This article aims to answer some frequently asked questions about tenant rights and protections in WA, providing you with the knowledge needed to safeguard your interests.

Understanding Rent Increases in Western Australia

In WA, landlords can only increase rent under certain conditions. The Residential Tenancies Act 1987 dictates that rent can't be increased during a fixed-term lease unless specified in the rental agreement. For periodic tenancies, a 60-day written notice is required.

Can You Challenge a Rent Increase?

If you believe that a rent increase is unjust, you have the right to negotiate with your landlord or seek a resolution through the Western Australian Department of Mines, Industry Regulation and Safety (DMIRS), the governing body for tenancy issues in WA.

Dealing with Evictions

Tenants in WA have certain protections against eviction. A landlord must provide proper notice and comply with the Residential Tenancies Act 1987. If you receive an eviction notice, ensure it adheres to legal requirements and seek advice if needed. The DMIRS is a valuable resource for tenants facing eviction.

What to Do if You're Facing Eviction

If you receive an eviction notice, assess its validity. You may want to contact the tenant advocacy services for advice and assistance on proceeding with a dispute if the notice is improper.

Requesting Repairs

Tenants have the right to live in a property that's well-maintained. If urgent repairs are needed, notify your landlord immediately. For non-urgent repairs, use Form 23, the Notice of Intention to Vacate due to Breach of Agreement by Landlord, available from the WA Government's official site.

Tip: Keep written records of all repair requests and correspondence with your landlord.

FAQ Section

1. Can my landlord enter without notice? No, landlords typically need to provide at least 24 hours notice before entering the property, except in emergencies.
2. What should I do if I have a dispute with my landlord? You can seek assistance from the DMIRS to resolve disputes or proceed to the Magistrates Court if necessary.
3. How much notice must I give to vacate the property? You generally need to provide 21 days' notice for periodic tenancies or follow the agreed terms in your rental contract for fixed-term tenancies.

How To Challenge a Rent Increase

1. Step 1: Review the Notice - Ensure your landlord has given a 60-day written notice for the rent increase as required by WA law.
2. Step 2: Respond in Writing - If you want to contest the increase, send your landlord a letter expressing your concerns and request a meeting to discuss.
3. Step 3: Seek Mediation or Tribunal Intervention - If unresolved, contact DMIRS or apply to the Magistrates Court for a review or mediation services.

Key Takeaways

• Understand your entitlements under the Residential Tenancies Act 1987 to protect your rights.
• Always communicate with your landlord in writing and keep records.
• Utilize state resources like DMIRS for guidance and dispute resolution.

Need Help? Resources for Renters

• Department of Mines, Industry Regulation and Safety - Resources and advice on tenancy rights
• WA Tenants' Advice Line - Offers free legal information and advice on residential tenancy issues
• Community Legal Centres WA - Provides legal assistance and advocacy for tenants

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1. Residential Tenancies Act 1987, download from legislation.wa.gov.au
2. Contact DMIRS at commerce.wa.gov.au for tenancy disputes
3. The Fair Trading Act 1987 governs fair trade practices, including renting, accessed at legislation.gov.au

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