Guide to Tenancy Agreements & Renewals in Western Australia

For tenants in Western Australia, understanding the ins and outs of tenancy agreements and renewals is crucial to ensuring a smooth renting experience. Here, we'll guide you through the essentials, covering key aspects such as lease types, renewal processes, and what your rights are under the Residential Tenancies Act 1987. Navigating the rules effectively can help you avoid common pitfalls and know how to address issues should they arise.

Understanding Tenancy Agreements

A tenancy agreement is a contract between you and your landlord that outlines the terms and conditions of your rental arrangement. In Western Australia, these agreements must comply with the Residential Tenancies Act 1987.

Types of Tenancy Agreements

• Fixed-term leases: These are agreements for a specific period, such as 6 or 12 months.
• Periodic leases: These continue indefinitely until either party gives notice to terminate.

It's essential to know the differences between these types of leases and how they affect both parties' rights and responsibilities.

Renewal of Tenancy Agreements

At the end of a fixed-term lease, your tenancy can potentially be renewed or converted into a periodic agreement. It's crucial to understand the process and implications of each choice.

Renewal Process

When renewing your lease, you may receive a new agreement or an amendment to the existing one. Ensure that you understand any changes, especially regarding rent adjustments or tenancy terms. Typically, your landlord should provide notice before the end of your current lease if they wish to offer a renewal.

Your Rights as a Tenant

Under the Residential Tenancies Act 1987, tenants have specific rights that ensure fair treatment throughout the renting process. These rights include:

• Right to quiet enjoyment: You are entitled to reasonable peace and privacy in your rental home.
• Notice for entry: Landlords must provide proper notice before entering the property.
• Maintenance and repairs: The property should be kept in livable condition, and necessary repairs should be conducted promptly.

If issues arise, you can seek dispute resolution through the Department of Mines, Industry Regulation and Safety, which handles tenancy disputes in Western Australia.

Always read and understand your tenancy agreement before signing. If any terms are unclear, seek advice from local tenant advocacy services.

1. What should I do if my landlord doesn't offer a lease renewal? If your fixed-term lease isn't renewed and no notice is given, your agreement may automatically roll into a periodic lease. If you wish to remain on fixed terms, discuss options with your landlord.
2. Can my rent be increased during the lease period? For fixed-term leases, rent can only be increased if the agreement allows it and with proper notice. For periodic leases, landlords can increase rent every six months with 60 days' written notice.
3. How do I ensure my bond is refunded at the end of my tenancy? To ensure your bond is refunded, ensure the property is in the same condition as when you moved in, aside from reasonable wear and tear. Complete a thorough cleaning and fix any damage you caused.

1. How to renew your lease agreement in Western Australia
   1. Check your current lease - Review the terms and expiry dates to understand your options.
   2. Discuss renewal options - Talk with your landlord to negotiate terms and conditions.
   3. Sign a new agreement - If terms are agreed upon, ensure that the new or amended contract is signed by both parties.
   4. Keep documentation - Retain a copy of the new lease terms for your records.
2. How to address maintenance issues
   1. Identify the issue - Ensure you have clearly identified what needs repairing.
   2. Notify the landlord - Report the issue in writing, providing details and any relevant documentation.
   3. Allow access for repair - Coordinate with your landlord to allow the repair to be completed at a suitable time.
   4. Document the repair - Keep records of communications and completed repairs for reference.

Need Help? Resources for Renters

If you need further assistance, you can contact these resources:

• Consumer Protection WA
• Tenancy WA - Provides legal services and advice.
• South Australian Council of Social Service - Advocacy and support services.

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1. Residential Tenancies Act 1987, available at Western Australian Legislation.
2. Consumer Protection WA, available at Consumer Protection WA.
3. Tenancy WA, available at Tenancy WA.

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