Guide to Tenants' Rights in Public Housing WA

As a tenant in public or social housing in Western Australia, understanding your rights and responsibilities is essential for a fair and positive renting experience. Whether you're dealing with rent increases or property repairs, this guide will help you navigate the legal landscape under the Residential Tenancies Act 1987.

Understanding Rent in Public and Social Housing

Your rent is typically calculated based on your household income. Increases can only occur under specific conditions:

• You must receive at least 60 days' notice of any rent increase.
• The increase must comply with terms set out in your lease agreement.
• Refer to the prescribed form if you believe the increase is unjust.

Rent Increases: What to Do

If you receive a rent increase notice, first check that it aligns with the formal guidelines mentioned above. If not, you can contest this change by negotiating directly with your housing provider or seeking advice from the Department of Mines, Industry Regulation and Safety.

Dealing with Eviction

Eviction can be a distressing process, but there are steps and legal guidelines in place to protect you. A landlord must provide valid reasons and appropriate notice enclosed with the Residential Tenancies Act 1987.

Always seek advice from a professional if you receive an eviction notice. There are agencies that can provide support and legal help.

Steps to Take Following an Eviction Notice

1. Read the Notice: Ensure it contains valid reasons for eviction.
2. Assess Legal Requirements: Check the notice complies with the legal requirements in terms of advance warning period and content.
3. Seek Assistance: Contact agencies such as Consumer Protection WA for guidance.

Repairs and Maintenance

Your landlord must ensure the property is in a reasonable state of repair and address any maintenance issues promptly. Where repairs are delayed, tenants can apply to the State Administrative Tribunal for resolution.

The Form 23 – Notice to lessor of breach of agreement is used when the landlord or property manager fails in their duty to maintain the property. This form outlines the nature of the breach and sets a deadline for resolution. Access it here.

Rights Specific to Public and Community Housing

Public housing participants may benefit from specific protections and considerations, particularly regarding financial assistance and long-term tenure security. Contact your local housing provider for tailored information.

1. What should I do if the landlord won't make necessary repairs?

   Notify them using a formal notice, and if unresolved, proceed with a complaint to the Residential Tenancies Tribunal.

2. How can I contest a rent increase?

   Ensure the increase complies with your lease terms, and challenge it through the tribunal if necessary.

3. Can I be evicted if I dispute a rent increase?

   No, disputing a rent increase does not justify an eviction.

4. What are my rights if my landlord sells the property?

   You are entitled to remain in the property under the conditions outlined in your lease agreement.

1. How to challenge a rent increase in Western Australia

   If you've received a rent increase notice that you believe is unjust, follow these steps:

   1. Step 1: Review the notice

      Check if your landlord followed the state’s rules for notifying you of a rent increase.

   2. Step 2: Respond in writing

      Write to your landlord if you want to negotiate or dispute the increase.

Key Takeaways

• Understand your rights concerning rent increases, repairs, and evictions.
• Know the forms and resources available for addressing any disputes.

Need Help? Resources for Renters

For more support, consider contacting these organizations:

• Consumer Protection WA
• State Administrative Tribunal
• Your local community legal centre

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