Legal Help for Rent Increases & Rent Control in WA

As a renter in Western Australia, you may face challenges regarding rent increases and rent controls. Understanding your rights and legal options can ensure you are equipped to handle these issues effectively. Let's explore the legal framework and resources available to support you in this journey.

Understanding Rent Increases in Western Australia

In Western Australia, rent increases are governed by the Residential Tenancies Act 1987[1]. This law specifies how often and by how much rent can be increased. Typically, rent can only be increased once every six months for periodic leases, and the landlord must provide a minimum 60-day written notice before any rent increase takes effect.

What to Do When You Receive a Rent Increase Notice

Upon receiving a rent increase notice, ensure that it meets legal requirements. The notice should be in writing and provide at least 60 days' notice, as mentioned. If the rent increase seems excessive or unfair, you can approach the landlord for a negotiation or dispute it formally.

Legal Pathways for Disputing Rent Increases

If you believe a rent increase is unjust, the first step is to discuss the matter with your landlord. If an agreement cannot be reached, you can apply to the State Administrative Tribunal (SAT) for resolution. SAT will evaluate if the increase complies with the Act and whether it is deemed reasonable.

Relevant Forms You Might Need

• Form 1A - Notice of Rent Increase: Used by landlords to formally notify tenants of a rent increase. Available on the Consumer Protection WA website.

Always review any rent increase notice carefully and maintain open communication with your landlord to address concerns early.

FAQ Section

1. What constitutes a fair rent increase in WA? A fair rent increase should align with market trends and follow the guidelines set by the Residential Tenancies Act 1987, ensuring no increases within six months of a previous one.
2. How do I challenge a rent increase? Initially, you can negotiate directly with your landlord. If unresolved, you may seek a resolution through the State Administrative Tribunal.
3. Can my landlord increase the rent during a fixed-term lease? Generally, landlords cannot increase rent during a fixed-term lease unless specified in the agreement.

How to Challenge a Rent Increase in Western Australia

1. Step 1: Review the notice - Check if your landlord followed the state’s rules for notifying you of a rent increase.
2. Step 2: Respond in writing - Write to your landlord if you want to negotiate or dispute the increase.
3. Step 3: Apply to SAT - If unresolved, apply to the State Administrative Tribunal.

Need Help? Resources for Renters

If you're seeking assistance regarding rent increases in Western Australia, here are some valuable resources:

• Consumer Protection WA - Offers guidance on rental issues including rent increases.
• State Administrative Tribunal (SAT) - Handles disputes related to tenancy issues.
• Tenancy WA - Provides tenants with free advice, advocacy, and support services.

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• [1] Residential Tenancies Act 1987 - WA Legislation

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