Handling Harassment & Landlord Misconduct in WA

Facing harassment or misconduct from a landlord can be stressful and unsettling. In Western Australia, renters have specific rights and protections under the Residential Tenancies Act 1987. Understanding and navigating these rights is crucial to ensuring a safe and respectful rental experience.

What Constitutes Harassment or Misconduct?

Harassment or misconduct by a landlord may include, but is not limited to:

• Repeated unwelcome visits or attempts to enter your rental property without proper notice.
• Threatening or intimidating behavior over the phone or in person.
• Failure to carry out required repairs or maintenance as per your rental agreement.

Steps to Address Harassment or Misconduct

Document the Behavior

It's essential to keep detailed records of any incidents that could be considered harassment or misconduct. This includes:

• Dates, times, and descriptions of incidents.
• Copies of any relevant communications, such as emails or letters.
• Witness accounts if applicable.

Attempt Resolution

Initiate a conversation with your landlord to resolve the issue amicably. Sometimes, landlords may not be aware of how their actions are perceived.

Seek Formal Intervention

If the issue persists, you can seek formal intervention. This may involve:

• Filing a complaint with Consumer Protection WA.
• Applying to the Magistrates Court for specific orders or compensation.
• Form 6: Breach Notice for Non-urgent Repairs: Use this form if your landlord continually neglects repair requests. Download here.

Relevant Legislation

Western Australia's rental protections are primarily outlined in the Residential Tenancies Act 1987. Federally, the Fair Trading Act 1987 also offers protections against unfair practices.

1. How can I legally document landlord harassment?
   Recording incidents with specifics such as time, date, and type of harassment, along with keeping copies of communication, are crucial steps in legally documenting such behavior.
2. What steps should I take if my landlord refuses to repair?
   You can issue a Breach Notice for Non-urgent Repairs using Form 6 and follow up with Consumer Protection WA if there is no resolution.
3. Can I terminate my lease due to harassment?
   If harassment persists and affects your living situation, you may apply to the Magistrates Court for an order to terminate your tenancy agreement.

1. How to file a complaint with Consumer Protection WA
   1. Prepare your documentation, including incident records and any correspondence.
   2. Visit the Consumer Protection website and access their complaint form.
   3. Submit the form with your evidence attached.

Key Takeaways

• Document any misconduct or harassment meticulously to support your case.
• Seek an amicable resolution first but be prepared to escalate if necessary.
• Utilize legal mechanisms and support agencies to enforce your rights.

Need Help? Resources for Renters

• Consumer Protection WA: For information and dispute resolution support.
• Legal Aid WA: Provides legal advice and support for tenants.
• Tenancy WA: Offers services including a helpline and tenancy advice.

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1. ¹ Residential Tenancies Act 1987 (WA), available at legislation.wa.gov.au
2. ² Fair Trading Act 1987 (Cth), available at legislation.gov.au

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