Is Your Landlord Violating Renting Laws in WA?

As a renter in Western Australia, understanding whether your landlord is violating discrimination laws is crucial. The Residential Tenancies Act 1987 provides guidelines to ensure fair treatment in housing. This article helps you identify potential violations and offers guidance on your rights.

Discrimination in Renting: What It Means

Discrimination in renting occurs when a landlord treats you unfairly because of your race, gender, disability, family status, or other protected attributes. In Western Australia, such actions are prohibited under both the state legislation and federal laws, such as the Fair Trading Act 1987 (Cth). This means landlords cannot deny rental opportunities or impose different terms based on these attributes.

Identifying Discriminatory Practices

Discrimination can manifest in various ways:

• Denying a rental application without a valid reason
• Charging higher rent because of your race, gender, or family status
• Refusing to make reasonable accommodations for tenants with disabilities

What to Do if You Face Discrimination

If you suspect discrimination, it's essential to document every occurrence meticulously. You should consider the following steps:

1. Contact Your Landlord: First, attempt to resolve the issue directly by discussing it with your landlord.
2. File a Complaint: If the issue persists, file a complaint with the Equal Opportunity Commission of Western Australia.
3. Seek Legal Advice: Consider contacting a community legal centre for guidance.

Relevant Legislation and Resources

The Residential Tenancies Act 1987 of Western Australia outlines the rights and responsibilities of both tenants and landlords, ensuring that discrimination does not take place. Familiarize yourself with this law to better understand your rights.

Forms and Where to Find Them

Various forms are essential if you seek to take formal action:

• Form 18: Application for dispute resolution, useful if informal discussions fail. Find it here.
• Complaint Form: Use this to report discrimination to the Equal Opportunity Commission. Find it here.

Need Help? Resources for Renters

• Consumer Protection Western Australia - For tenancy information and assistance
• Community Legal Centres Association - Access legal advice and support
• Equal Opportunity Commission WA - File a discrimination complaint

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1. What counts as rental discrimination? Discrimination in renting includes denying applications or altering terms based on characteristics like race, gender, or disability.
2. How can I prove rental discrimination in WA? Collect evidence such as emails, voicemails, and witness statements to support your case.
3. Where can I find official forms to file a complaint? Forms can be found on the Western Australia Consumer Protection website and the Equal Opportunity Commission of WA’s site.

1. How to file a discrimination complaint in Western Australia
   1. Step 1: Gather Evidence

      Collect all documents and records of interactions that point towards discriminatory behaviour.

   2. Step 2: Fill Out Necessary Forms

      Complete complaint forms available at the Equal Opportunity Commission WA’s official website.

   3. Step 3: Submit Your Complaint

      File your complaint with all supporting documents to the Equal Opportunity Commission.

Key Takeaways:

• Know your rights under the Residential Tenancies Act 1987 and federal laws.
• Document any incidents of discrimination thoroughly.
• Use available resources and legal advice to address disputes.

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