Free Legal Help for Tenancy Agreements in WA

For renters in Western Australia, understanding your tenancy agreement and rights can be daunting, especially when faced with issues like rent increases or eviction. Fortunately, free legal assistance is available to guide you through navigating tenancy agreements and renewals.

Understanding Tenancy Agreements in Western Australia

In Western Australia, a tenancy agreement is a legal contract between a landlord and tenant, detailing the rights and responsibilities of both parties. These agreements can last for a fixed term or continue indefinitely as a periodic tenancy. It's crucial to know what your agreement entails and your rights under the Residential Tenancies Act 1987. This Act outlines your rights regarding rent increases, repairs, maintenance, and eviction procedures.

Rent Increases and Legal Forms

Landlords in Western Australia must follow specific rules when increasing rent. Rents can generally only be increased if:

• It's stated in the agreement.
• You receive a proper written notice.
• It's in line with the Residential Tenancies Act 1987.

If you're served a rent increase that you believe is unwarranted, you can challenge it using Form 6: Application for Relief Against a Notice of Rent Increase, available on the Consumer Protection WA website.

Remember, always communicate with your landlord in writing when disputing a rent increase.

Eviction Notices and Legal Protections

If you're served with an eviction notice, it's essential to act swiftly. In most cases, you'll be required to vacate the property only after a court order is issued unless the eviction is immediate due to specific legal circumstances. You can apply to the Magistrates Court of Western Australia for assistance or dispute such notices.

Free Legal Help Available

Several resources provide free legal advice on tenancy agreements and renewals in Western Australia:

• Shelter WA: A state-based organization advocating for social and affordable housing.
• Community legal centres: These offer free advice sessions and can assist with tenancy disputes.
• Tenancy WA: Provides free advice and representation for residential tenants.

FAQ

1. What should I do if I receive a rent increase notice?

   Firstly, verify if the increase complies with your tenancy agreement and the Residential Tenancies Act 1987. If it doesn't, file Form 6: Application for Relief Against a Notice of Rent Increase, and consult a legal advisor.

2. How can I dispute an eviction notice?

   Submit an application to the Magistrates Court of Western Australia explaining your situation. Seek advice from community legal centres or Tenancy WA for assistance.

3. Can my landlord evict me during a repair dispute?

   No, landlords in WA must adhere to legal procedures, which generally do not include eviction due to maintenance disputes. Disputes can be addressed through the Magistrates Court.

Key Takeaways

• Know your rights under the Residential Tenancies Act 1987.
• Seek free legal help if faced with rent increases or eviction.
• Use official forms for disputes and maintain written communication with your landlord.

Need Help? Resources for Renters

• Western Australian Legislation
• Shelter WA
• Tenancy WA
• Consumer Protection WA

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