Legal Assistance for Rent, Bond & Deposits in WA

Renters in Western Australia often face various challenges related to rent increases, bond disputes, and holding deposits. Navigating the legal landscape can be daunting without the proper knowledge and resources. This article provides essential information on your rights as a renter in WA, helping you understand how to address issues with rent, bond, and holding deposits effectively.

Your Rights Under the Residential Tenancies Act 1987

The Residential Tenancies Act 1987 governs rental agreements in Western Australia. It outlines tenants' rights and obligations with respect to rent, bonds, and holding deposits. Knowing your rights can empower you to handle disputes more effectively.

Understanding Rent Increases

Landlords in WA can increase rent only under specific conditions. These increases must adhere to the rules set out in the Residential Tenancies Act. Generally, the landlord must provide you with at least 60 days' written notice for a rent increase. If you believe a rent increase is excessive or unjust, you can apply to the Western Australian State Administrative Tribunal (SAT) to have the increase reviewed.

The Importance of the Bond Disposal Form

When your tenancy ends, you'll need to complete a Bond Disposal Form to release your bond money. This form must be signed by both you and your landlord. If your landlord disputes the release of your bond, you can apply to the SAT to resolve the issue. You can find the Bond Disposal Form on the WA Department of Mines, Industry Regulation and Safety website.

Handling Holding Deposits

A holding deposit is sometimes required to reserve a rental property. According to WA law, if you decide not to go ahead with the lease, your holding deposit should be refunded unless otherwise agreed. Ensure that any agreement regarding holding deposits is put in writing to avoid disputes.

Tip: Always negotiate any disputes in writing and keep records of all correspondence and agreements with your landlord.

Need Help? Resources for Renters

• Department of Mines, Industry Regulation and Safety - Renting a Home: Offers information about renting and current forms.
• State Administrative Tribunal (SAT): Handles disputes between tenants and landlords.
• Northern Suburbs Community Legal Centre: Provides legal advice for tenancy issues.

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1. What do I do if my landlord increases my rent without notice? You should inform your landlord in writing that the increase is invalid without proper notice. If unresolved, apply to the SAT for dispute resolution.
2. Can a landlord refuse to return my bond? Landlords can only refuse to return your bond if they provide written reasons, such as property damage. You can challenge this through the SAT.
3. What if I disagree with deductions from my bond? First, try to resolve the issue with your landlord. If unsuccessful, lodge an application with the SAT to dispute the claim.

1. How to dispute a rent increase in Western Australia
   1. Step 1: Review the notice

      Verify that the notice complies with the required 60 days’ advance notice and check if the increase aligns with market rates.

   2. Step 2: Engage in written communication

      Send a written request to your landlord seeking negotiation or justification of the increase, indicating that you may seek Tribunal Intervention if necessary.

   3. Step 3: Lodge an application with SAT

      If no resolution is reached, apply to the SAT using the appropriate form to challenge the increase officially.

Key Takeaways

• Understanding your rights under the Residential Tenancies Act can prevent and resolve conflicts.
• Utilize available forms like the Bond Disposal Form in disputes.
• Seek tribunal intervention when negotiations fail.

Categories

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