Landlord Compensation & Lease Breaches in WA

As a renter in Western Australia, understanding your rights under the Residential Tenancies Act 1987 is crucial when dealing with issues like compensation claims and lease breaches. This article helps you identify if your landlord is violating any laws and guides you on what steps to take.

Understanding Lease Breaches and Compensation

A lease breach occurs when either party fails to adhere to the terms outlined in the rental agreement. For landlords, common breaches include failing to maintain the property adequately, unauthorized entries, or not addressing necessary repairs.

Common Landlord Breaches

• Maintenance and Repairs: Landlords must keep the property in a reasonable state of repair as per the rental agreement.
• Privacy and Entry Notices: Landlords cannot enter the property without proper notice or valid reason.
• Rent Increases: Increases in rent must be in line with the guidelines stipulated in your rental agreement and state's tenancy laws.

Compensation for Breaches

If your landlord fails to comply with their obligations, you may be entitled to seek compensation. This is typically through the Magistrates Court of Western Australia.

How to Seek Compensation

• Document the Breach: Keep detailed records of the breach: photos, communication logs, and notices.
• Use Form 20: The Notice to Tenant of Maintenance Request (Form 20) is essential when notifying your landlord of required repairs.
• File a Complaint: Lodge an application with the Magistrates Court for resolution.

Steps to Resolve a Lease Breach

1. Notify Your Landlord: Use a written notice to inform them of the breach and request rectification.
2. Submit a Breach Notice: Form 1C is used to inform landlords about the specific breach.
3. Apply to Court: If unresolved, approach the court for an order to resolve the breach.

1. What should I do if my landlord won't fix an issue?

   If your landlord is unresponsive to maintenance requests, you can use Form 1C to issue a notice to remedy the breach.

2. Can my landlord increase rent during a fixed-term lease?

   No, rent increases are not permitted during a fixed-term lease unless specified in the rental agreement.

3. How can I protect myself against wrongful eviction?

   Keep detailed records of all rent payments and communications and understand your rights under the Fair Trading Act 1987 (Cth).

1. How to apply to the Magistrates Court for a breach resolution in WA

   Follow these steps to lodge a formal complaint with the court and seek resolution.

Need Help? Resources for Renters

If you require assistance, contact the following resources:

• Consumer Protection Western Australia: Offers advice and support for renters.
• Legal Aid WA: Provides legal services and advice for tenants in need.
• Tenancy WA: A community service providing legal education and advocacy.

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For compensation or resolving breaches, understanding relevant legislation and following appropriate steps ensures better protection as a renter in Western Australia.

If you believe your landlord has breached your rental agreement, using written notices and maintaining records is vital. Support is available through local tenancy organizations and government agencies to assist with issues outside a resident's control.

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