Guide to Rent, Bond & Holding Deposits in WA
Renting a property in Western Australia involves several financial commitments, including rent, bond, and holding deposits. Having a clear understanding of these terms can ease your tenant journey. Here, we break down each component and provide actionable steps to manage them effectively under the Residential Tenancies Act 1987.
Understanding Rent in Western Australia
In Western Australia, tenants and landlords must adhere to rent guidelines outlined in the Residential Tenancies Act 1987. Rent payment methods, due dates, and increases are generally stipulated in your lease agreement.
If Your Rent Increases
If you receive a notice of rent increase, it must comply with regulations, including providing at least 60 days' notice. Any rent increase notice should be reviewed carefully to ensure it follows legal requirements.
If you believe a rent increase is unjust, you can apply to the Magistrates Court of Western Australia for a review.
Managing Your Bond
A rental bond serves as security for the property owner. Typically, it is four weeks' rent and must be lodged with the Bond Administrator.
Lodging and Claiming Your Bond
Always ensure your bond is lodged with the Bond Administrator and you receive a receipt. When your tenancy ends, both parties should agree on refunds before disbursement.
Bond Disposal Form
The Form 4 Bond Disposal form is essential when requesting a bond refund. This document is submitted to the Bond Administrator to release funds.
Both tenant and landlord must agree on the distribution of the bond for the form to be processed.
Role of Holding Deposits
A holding deposit is often requested to secure a property before the lease is finalized. Ensure clarity on terms regarding its refundability.
Holding deposits act as a financial commitment while contract negotiations proceed, and usually, the amount is deducted from the initial rent or bond if you proceed with the lease.
Resolving Disputes in Western Australia
For any disputes, from unresolved repairs to bond disagreements, tenants can approach the Magistrates Court of Western Australia, which handles tenancy-related issues.
Ensure you document all communications with your landlord to support your claims during a dispute resolution process.
- Review your agreement and understand your rights and obligations.
- Communicate directly and clearly with your landlord to resolve the issue.
- Seek mediation services through the Consumer Protection WA.
Need Help? Resources for Renters
- Consumer Protection WA - Offers resources and advice on tenancy issues.
- Legal Aid WA - Provides free legal information on tenant rights.
- Tenancy WA - Offers tenancy advocacy and assistance.
- How do I dispute a rent increase? If you need to dispute a rent increase, ensure the notice complies with all legal requirements. You can then apply to the Magistrates Court for a review.
- What happens if my bond isn't lodged? It's crucial your bond is lodged with the Bond Administrator. If not, contact Consumer Protection WA for advice on rectifying this issue.
- Are holding deposits refundable? Refundability of holding deposits depends on the agreement with your landlord. Ensure you understand the terms of refund before payment.
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