Is Your WA Landlord Breaking the Law?

Renting a home in Western Australia comes with a set of rights and responsibilities for both tenants and landlords. However, there can be instances where landlords might not fulfill their obligations. Understanding your rights under the Residential Tenancies Act 1987 (WA) is crucial for ensuring you're living in a safe and legally compliant home.

Common Violations by Landlords

Let's delve into some typical scenarios where landlords may breach their legal obligations in Western Australia:

Rent Increases

• Landlords can only increase rent according to the terms specified in the lease agreement, and notification must be given in writing 60 days prior.
• If you believe your rent increase is unjust, you can challenge it by applying to the State Administrative Tribunal (WA).

Repairs and Maintenance

• Tenants are entitled to live in a habitable environment. If urgent repairs are required and the landlord fails to address them, you may carry out repairs and be reimbursed.
• Always notify the landlord in writing, using a Notice of Required Repair form when requesting repairs.

Unlawful Entry

• Landlords must provide a minimum of 7 days' notice before entering the property, except in emergencies.

Filing a Dispute

If a landlord has violated the terms of your rental agreement or the law, consider the following steps:

1. Communicate your concerns to the landlord and try to resolve the issue amicably.
2. If unsuccessful, lodge a complaint with the Department of Mines, Industry Regulation and Safety (WA).
3. For unresolved disputes, you may seek mediation or apply for a hearing at the State Administrative Tribunal.

FAQ Section

1. What can I do if my landlord refuses to make repairs?Try negotiating with your landlord first. If that fails, report the issue using a "Notice of Required Repair" form. You can file a dispute with the Department of Mines, Industry Regulation and Safety for further action.
2. How often can my landlord increase my rent?Rent increases are governed by your tenancy agreement and must not occur more frequently than every 6 months. A written notice is required 60 days prior to the increase.
3. What should I do if I receive an eviction notice?Check its validity under the Residential Tenancies Act 1987 (WA). If you wish to contest it, you can apply to the State Administrative Tribunal for a hearing.

How To Section

1. How do I request repairs from my landlord? Write a clear and concise request using the "Notice of Required Repair" form, specifying the repairs needed. Keep a copy for your records.
2. How to challenge a rent increase in Western Australia
   1. Review the rent increase notice for compliance with the terms of your lease and the Residential Tenancies Act 1987 (WA).
   2. If you believe the increase is unfair, respond in writing to your landlord to negotiate or contest the rise.
   3. If necessary, apply to the State Administrative Tribunal to resolve the dispute.

Key Takeaways

• Know your rights under the Residential Tenancies Act 1987 (WA).
• Communicate issues promptly to avoid escalations.
• Leverage official dispute resolution services if needed.

Need Help? Resources for Renters

• Department of Mines, Industry Regulation and Safety (WA)
• State Administrative Tribunal (WA)
• Local Community Legal Centres

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• Fair Trading Act 1987 (Cth)

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