How to Handle Lease Breaches & Compensation in WA

Dealing with a lease breach or seeking compensation in Western Australia can be daunting, but understanding your rights can make the process manageable. Whether you’re addressing repairs or questioning a rent increase, here’s a guide to help you navigate these disputes.

Understanding Lease Breaches in Western Australia

In Western Australia, lease breaches occur when either the tenant or landlord does not fulfill obligations outlined in the lease agreement. Common breaches include failure to pay rent, property maintenance neglect, or unauthorized property modifications.

Steps to Address Lease Breaches

• Identify the Breach: Clearly document any issues or instances where the lease agreement was not upheld.
• Communicate with the Landlord: Initial communication can resolve many disputes amicably. Clearly express your concerns and keep records of all correspondence.
• Serve a Notice: If direct communication doesn't resolve the issue, serving a formal notice may be necessary. Tenants can use the Form 20: Notice of Breach of Agreement to inform landlords of the breach. This form can be found on the official [Government of Western Australia website](https://www.wa.gov.au/government/forms/form-20-notice-breach-agreement).
• Seek Mediation or Tribunal: If a resolution isn't reached, you may need to apply to the [Magistrates Court of Western Australia](https://magistratescourt.wa.gov.au/) for a decision under the Residential Tenancies Act 1987 (WA).

Claiming Compensation for Breaches

If a landlord fails to meet their obligations, resulting in financial or personal loss, tenants may seek compensation.

How to File for Compensation

1. Documentation: Gather all necessary documentation that proves financial loss, such as receipts and photographs.
2. Form 6: Application for a Tenancy Bond or Compensation: Submit this form to claim compensation. More details and the form are available [here](https://www.wa.gov.au/government/forms/form-6-application-bond-or-compensation).
3. Appealing to Tribunal: If unresolved, appeal to the Magistrates Court of Western Australia.

Key Legal References

• Residential Tenancies Act 1987 (WA)
• Fair Trading Act 1987 (Cth)

Need Help? Resources for Renters

• Consumer Protection WA
• Tenancy WA - offers legal advice and services
• Magistrates Court of Western Australia

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1. What should I do if my landlord breaches the lease? Document the breach, communicate with the landlord, and if needed, serve a Notice of Breach. Seek resolution through mediation or the tribunal if necessary.
2. How can I apply for compensation? Collect all relevant documentation and submit Form 6 through the appropriate channels.
3. Where can I get legal advice? Consumer Protection WA and Tenancy WA offer support and legal services for tenants.

1. How to file a Notice of Breach in Western Australia
   1. Step 1: Gather Evidence - Document all instances of the breach.
   2. Step 2: Complete and Serve Form 20 - Download and fill out Form 20 from the WA government site, and serve it to your landlord.
   3. Step 3: Seek Resolution - If unresolved, consider applying to the Magistrates Court.
2. How to Apply for Compensation
   1. Step 1: Document the Loss - Use receipts and evidence of financial loss.
   2. Step 2: Submit Form 6 - Fill out and submit Form 6 to initiate your claim.

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