FAQs on Tenancy Agreements in Western Australia

For renters in Western Australia, understanding your rights and responsibilities under a tenancy agreement can be a daunting task. Whether you're unsure about how to handle a rent increase or wondering the process for renewing a lease, it's crucial to familiarize yourself with relevant laws and resources available to you under the Residential Tenancies Act 1987 (WA).¹

Understanding Tenancy Agreements

A tenancy agreement is a legally binding contract between a tenant and landlord that outlines the terms of renting a property. It's essential to read your agreement carefully and ensure all clauses comply with state regulations.²

Key Points for Rent Increases

The Residential Tenancies Act 1987 stipulates clear guidelines for when and how landlords can increase the rent. Normally, rent can only be increased once every six months, and tenants must be provided at least 60 days' notice in writing using the Form 11 - Notice of Rent Increase.³

Tip: Always check the date and amount of the increase is compliant by reviewing your lease and the official notice.

Tenant's Rights at the End of a Lease

As your lease term comes to an end, both parties have options for renewal or termination. If you're looking to renew, it's wise to start discussions with your landlord well in advance of your lease expiration.

Facing Eviction: What to Know

If you find yourself facing eviction, it's important to understand the grounds on which your landlord seeks to terminate the lease. In Western Australia, landlords must provide a written notice using prescribed forms like Form 1A for termination without grounds or Form 1B for rent arrears.

If you're served with a notice, consider seeking advice from the Department of Mines, Industry Regulation and Safety or a community legal centre.

1. What should I do if I disagree with a rent increase? Discuss your concerns with your landlord and seek mediation through the Department of Mines, Industry Regulation and Safety if needed.
2. How can I renew my tenancy agreement? Talk to your landlord about renewal options before your lease ends. Documentation such as a renewed contract should be agreed upon mutually.
3. What recourse do I have if my landlord wants to evict me? Tenants can dispute unjust eviction notices through the Magistrates Court. Always keep records of all tenancy documents and communications.

1. How to dispute a rent increase in WA
   1. Step 1: Review the Legislation Begin by understanding the legal requirements of rent increases found in the Residential Tenancies Act 1987.
   2. Step 2: Complaints Process If unresolved, lodging an official complaint with the Department of Mines, Industry Regulation and Safety is a recommended step.

Need Help? Resources for Renters

• Department of Mines, Industry Regulation and Safety – Offers guidance on tenancy laws and dispute resolution.
• Legal Aid Western Australia – Provides legal advice and assistance for tenants.
• Shelter WA – Advocates for affordable housing and provides resources for renters.

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Key takeaways for tenants in Western Australia include being aware of your lease terms, maintaining open communication with your landlord, and utilizing official resources like the Department of Mines, Industry Regulation and Safety for any disputes.

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