Help for Rent, Bond & Holding Deposits in WA

Renting can sometimes be overwhelming, especially when issues arise with rent, bonds, or holding deposits. If you're a renter in Western Australia, it's important to know where to find help and support to address these issues effectively.

Understanding Rent, Bond, and Holding Deposit Issues

In Western Australia, renters often face challenges related to rent increases, bond disputes, and holding deposits. Under the Residential Tenancies Act 1987 (WA), renters have specific rights and responsibilities which are designed to ensure fair treatment.

Common Issues Renters Face

• Rent Increases: These must follow a specific procedure as dictated by the Residential Tenancies Act 1987. If you believe a rent increase is unjustified, you can challenge it.
• Bond Disputes: The bond, which is typically equivalent to four weeks' rent, is held by the Bond Administrator. Disagreements can arise over deductions at the end of a tenancy.
• Holding Deposits: These are payments made to secure a rental property and may be refundable under certain conditions.

Where to Seek Help in Western Australia

Several organizations provide support and guidance for renters facing these issues:

• Consumer Protection: A division of the Department of Mines, Industry Regulation and Safety (DMIRS), it offers a wealth of information on your rights as a tenant. For guidance on a tenancy issue, you can contact them directly.
• Tenancy WA: A community legal centre that offers advice and support to renters. They can help you understand your rights and prepare you for tribunal claims.
• Legal Aid Western Australia: Provides legal advice and assistance to those in need, helping to navigate complex legal issues such as challenging a rent increase.

Taking Action: Forms You May Need

If you wish to dispute a rent increase or bond deduction, certain forms must be completed:

• Form 2 Notice of Termination: Used by the landlord or tenant to end a tenancy. Learn more about it on the DMIRS website.
• Bond Disposal Form: This is used to reclaim your bond at the end of a tenancy. Ensure it's correctly filled out to avoid delays or disputes.

Challenging a Rent Increase

If you feel a rent increase is unjust, consider these steps:

1. Review the Notice: Ensure it complies with the Residential Tenancies Act 1987, including correct timing and details.
2. Write to Your Landlord: If the increase seems unreasonable, communicate in writing to negotiate or dispute it.
3. Seek Mediation: Contact Consumer Protection for advice or Tenancy WA for mediation services.
4. Apply to Tribunal: As a last resort, you can apply to the Magistrates Court for a determination.

FAQ Section

1. What can I do if my bond isn't refunded? Contact the Bond Administrator for assistance. If unresolved, you may need to apply to the Magistrates Court for mediation.
2. How often can the rent be increased? Rent increases can only occur once within six months and must follow the terms of your lease agreement.
3. Can a holding deposit be refunded? Holding deposits may be refundable, depending on the terms agreed at the time of payment. Check your agreement or seek advice if unsure.

Need Help? Resources for Renters

If additional support is needed, the following resources can be invaluable:

• Consumer Protection Western Australia: Visit their website
• Tenancy WA: Visit Tenancy WA for legal advice and advocacy
• Legal Aid WA: Visit Legal Aid WA for assistance with legal matters

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1. Fair Trading Act 1987 (Cth): Accessible on legislation.gov.au
2. Residential Tenancies Act 1987 (WA): Refer to the full text at WA Legislation

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