Landlord Violations in Western Australia

Renting a property in Western Australia should be a straightforward experience for both landlords and tenants. However, there are times when tenants find themselves questioning their rights and whether a landlord might be infringing on tenancy agreements or renewal laws. Understanding your rights can help you address any issues that arise.

Understanding Tenancy Agreements in WA

A tenancy agreement is a legal document that outlines the rights and responsibilities of both the tenant and the landlord. In Western Australia, these are governed by the Residential Tenancies Act 1987¹. This Act regulates aspects such as rent payment, property conditions, and the notice periods for ending a tenancy.

Common Violations by Landlords

Landlords might breach tenancy laws in several ways, including:

• Unlawful rent increases: Landlords must adhere to specific rules regarding when and how much they can increase the rent. Rent can typically only be increased if the agreement allows, and after giving you 60 days’ written notice.
• Inadequate property maintenance: The landlord is responsible for ensuring the property is in a liveable condition. Failure to address necessary repairs or maintenance requests can be a breach of the agreement.
• Improper eviction notices: A landlord must follow legal processes for eviction, including providing appropriate notice and valid grounds for terminating the lease.

Renewing or Ending a Tenancy

When your lease is nearing its end, either party can propose a renewal or decide to part ways, following the guidelines set by the relevant Residential Tenancies Act¹. If your landlord wishes to renew the agreement, any changes, like increased rent or new conditions, must be communicated clearly and agreed upon.

Action Steps If You Suspect a Breach

Keep detailed records of all communications and agreements. This could prove vital if the matter escalates to a dispute resolution process.

• Identify the Breach: Review the terms of your tenancy agreement and the relevant legislation.
• Communicate: Start by discussing your concerns with your landlord. Sometimes issues can be resolved with a simple conversation.
• Notice of Breach Form: If necessary, use the Notice to Lessor of Breach of Agreement (Form 23) from the WA Department of Commerce to officially record a breach.
• Seek Assistance: If the issue persists, contact the State Administrative Tribunal (SAT) for mediation or legal advice. SAT is the official body handling disputes in Western Australia.

FAQ

1. What should I do if my rent is increased illegally?

   Check your lease agreement and the notice you received. If illegal, discuss it with your landlord or use the SAT to challenge it.

2. Can a landlord enter the property without notice?

   No, landlords must give at least 72 hours written notice for inspections or repairs, unless it's an emergency.

3. How do I report a landlord for failing to make repairs?

   Notify them in writing first. If they don't respond, file a complaint using Form 23 and seek assistance from SAT if necessary.

4. Does a tenancy automatically renew if the lease expires?

   No, a tenancy doesn't automatically renew. Discuss with your landlord to either renew or terminate formally.

Need Help? Resources for Renters

For any tenancy-related issues, renters in Western Australia can seek guidance from the following organizations:

• Consumer Protection WA
• State Administrative Tribunal (SAT)

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1. Residential Tenancies Act 1987

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