Help with Tenancy Agreements & Renewals in WA

If you're renting a property in Western Australia, understanding your rights and responsibilities concerning tenancy agreements and renewals is crucial. Whether you're facing a rent increase, contemplating how to handle an eviction notice, or need assistance with your lease, knowing where to turn for help can make all the difference.

Understanding Your Tenancy Agreement

A tenancy agreement is a legal contract between you and your landlord. It outlines the terms of your rental arrangement, including the rent amount, duration, and obligations of both parties. In Western Australia, the Residential Tenancies Act 1987 governs these agreements, providing protection and outlining your rights and duties as a tenant.

Dealing with Rent Increases

If your landlord proposes a rent increase, it must comply with the terms stipulated in your tenancy agreement and the Residential Tenancies Act 1987. Generally, rent can only be increased after the end of the fixed term unless otherwise specified, and you must receive at least 60 days' written notice. Consumer Protection WA provides additional guidelines and form templates to aid you in these circumstances.

Responding to an Eviction Notice

Receiving an eviction notice can be a stressful experience. In Western Australia, landlords can issue a termination notice for various reasons, but they must comply with specific notice periods. For example, if your landlord wants to end the tenancy without alleged tenant fault, they must provide at least 60 days' notice.

To challenge or negotiate an eviction, you might need to fill out and submit a Dispute Resolution Form with the State Administrative Tribunal (SAT), which handles rental disputes in WA.

Renewing Your Lease

If your lease is nearing its end and you wish to renew, both you and your landlord must agree on new terms. Ensure that any modifications, like rent changes or new lease conditions, are clearly documented. Consult with resources like Tenancy WA to understand how to effectively communicate and negotiate with your landlord.

Your tenancy agreement is a crucial legal document. Make sure you understand each term before signing or renewing.

FAQ Section

  1. What should I do if I receive a rent increase notice?Review the notice to ensure it complies with your current agreement and state laws. If you dispute the increase, write to your landlord expressing your concerns.
  2. How can I dispute an unfair eviction notice?You can lodge a dispute with the State Administrative Tribunal (SAT) and seek legal advice from Tenancy WA.
  3. What happens if I want to end my lease early?Ending a lease early can have financial repercussions. Discuss your situation with your landlord and refer to your tenancy agreement for any early termination clauses.

How To Section

  1. How to file a complaint about a rental issue
    1. Ensure your tenancy agreement and related correspondences are in order.
    2. Contact Consumer Protection WA to express your concerns or seek guidance.
    3. If unresolved, file a formal dispute with the State Administrative Tribunal.
  2. How to apply for a lease renewal
    1. Discuss lease renewal options with your landlord or property manager at least 30 days before the lease end.
    2. Negotiate new terms if necessary, ensuring both parties understand any changes.
    3. Document the new agreement and sign the renewal before your current lease expires.

Need Help? Resources for Renters

If you need assistance, here are some of the resources available to you:

  • Tenancy WA: Provides legal advice and assistance for tenants. Visit their website at tenancywa.org.au.
  • Consumer Protection WA: Offers guidance and handles complaints related to renting. More information is available at commerce.wa.gov.au.
  • State Administrative Tribunal (SAT): The body that resolves rental disputes. Learn more at sat.justice.wa.gov.au.

1. Residential Tenancies Act 1987 (WA) Covering agreements, disputes, and more.
2. State Administrative Tribunal For resolving tenancy disputes.
3. Consumer Protection WA For rental guidelines and assistance.

Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Australia

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.