Help for Lease Breaches & Compensation in WA

If you're a renter in Western Australia and you're experiencing issues with your rental property—be it a breach of your lease agreement or you're seeking compensation—you have options available. Here’s where you can find help to address these issues effectively.

Understanding Lease Breaches and Compensation

Lease breaches occur when either the landlord or tenant fails to follow the terms of the lease agreement. Common breaches include not maintaining the property, unauthorized rent increases, or improper notice for eviction. As a tenant, if your rights under your lease are breached, or if you've incurred an expense due to the breach, you may be entitled to compensation.

Compensation for Lease Breaches

You may seek compensation if your landlord fails to maintain the property, causing you to spend your own money for repairs. Compensation could also be relevant if you suffered a loss because your landlord didn't provide adequate notice before a rent increase or eviction. Learn more about tenant rights in Western Australia.

Where to Get Help

If you're facing a lease breach or need to seek compensation, several resources in Western Australia can assist you:

• Department of Mines, Industry Regulation and Safety (DMIRS): This is the main agency that deals with residential tenancy issues. Their website provides comprehensive information and resources on renting in Western Australia. You can visit their official website for more details.
• WA Residential Tenancy Act 1987: This legislation outlines your rights and obligations as a renter. Reviewing this act can give you a clear understanding of when a landlord's action constitutes a breach. Access the Residential Tenancies Act 1987 for detailed legal guidelines.

How to File a Dispute or Claim

Taking practical steps to address a lease breach or compensation claim involves the following:

1. Attempt Resolution: First, try to resolve the issue directly with your landlord.
2. Use the Form: If direct communication fails, use Form 12: Notice of Complaint to formally report the issue.
3. Apply to Tribunal: If needed, you can apply to the Magistrates Court here for a resolution.

Pro Tip: Always document all interactions with your landlord and save any receipts for expenses incurred due to a breach.

Need Help? Resources for Renters

If you need further assistance, consider reaching out to:

• Community Legal Centres – These centres offer free legal advice and support to tenants.
• Tenancy WA – A service dedicated to educating and advocating for tenants' rights.
• DMIRS – Provides direct assistance and advice regarding tenancy issues.

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1. What should I do if my landlord breaches the lease? Consult the WA Residential Tenancies Act 1987, document the breach, attempt to resolve directly, and seek legal advice if needed.
2. Can I claim compensation for repair expenses? Yes, if you incurred costs due to a landlord's failure to maintain the property, compensation might be available.
3. How long do I have to seek compensation? There are specific timeframes, typically within six years from the date of the breach, but seeking advice from Tenancy WA is advisable.

1. How to respond to a lease breach in Western Australia
   1. Step 1: Review the lease agreement thoroughly to identify the specific clause breached by your landlord.
   2. Step 2: Document every incident of the breach, including dates, communications, and any incurred costs.
   3. Step 3: Attempt to resolve the issue by communicating with your landlord, possibly through a formal notice like the Form 12.
   4. Step 4: If unresolved, contact Tenancy WA for legal advice or the DMIRS for formal complaint procedures.
   5. Step 5: Apply to the Magistrates Court for a legal resolution if necessary.

• Document all interactions and expenses related to tenancy issues.
• Always attempt to resolve disputes directly before escalating to legal options.
• Seek guidance from official resources like DMIRS or Tenancy WA.

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1. Fair Trading Act 1987 (Cth)
2. Residential Tenancies Act 1987 (WA)
3. Department of Mines, Industry Regulation and Safety

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