Managing Rooming & Boarding House Disputes in WA

If you're a renter in Western Australia living in a rooming or boarding house, understanding how to navigate disputes is crucial. Whether it's an issue with rent increases, evictions, or the need for repairs, knowing your rights can make a significant difference. This guide will walk you through handling disputes effectively.

Understanding Your Rights and Responsibilities

Rooming and boarding house residents in Western Australia are protected under the Residential Tenancies Act 1987 (WA). This legislation ensures that your rights are upheld in various situations, including disputes over rent, repairs, and conduct of owners or managers.

Common Disputes in Rooming and Boarding Houses

Disputes can arise over a range of issues, including:

• Rent hikes without proper notice
• Unwarranted evictions
• Failure to conduct necessary repairs
• Interference with privacy or quiet enjoyment

Resolving Disputes Directly

In many cases, disputes can be resolved by directly communicating with the owner or manager of the boarding house. Here are steps to follow:

• Have a clear and calm conversation about the issue.
• Document your concerns in writing, and request a response within a specified time.
• If necessary, propose a mediation meeting.

When to Get Formal: Applying to the Magistrates Court

If direct communication fails, you may need to apply to the Magistrates Court of Western Australia. The Court can formally resolve disputes and enforce your rights under the Residential Tenancies Act 1987.

Application forms and instructions can be found on the official Magistrates Court website. Typically, actions involve submitting Form 12: Application for an Order, which you would file to address issues like refused repairs or contested eviction notices.

Remember: Keep copies of all correspondence and documents related to your dispute, as they may be needed during legal proceedings.

Legislation That Protects You

Beyond the state-specific Act, your rights may also fall under general protections such as those in the Fair Trading Act 1987 (Cth), which provides overarching consumer rights that can be invoked in housing-related conflicts.

1. What can I do if my rent is increased unfairly?

   You can challenge an unfair rent increase by first reviewing the notice given to you, ensuring it complies with the required notice period under the Residential Tenancies Act 1987 (WA). If needed, consider negotiation or mediation, and ultimately apply to the Magistrates Court if the issue remains unresolved.

2. How do I respond to an eviction notice?

   Immediate steps are to verify the legality of the notice. If it's without proper grounds or notice period, you can contest it through the court. Seeking preliminary advice from a community legal centre can also guide your next steps.

3. What should I do if repairs aren't being made?

   First, request repairs from the owner in writing, specifying the urgency. If repairs aren’t addressed timely, lodging an application with the Magistrates Court may prompt enforcement.

1. How to file a complaint about a rooming house issue in Western Australia
   1. Attempt to resolve the issue by speaking with the rooming house manager.
   2. If unresolved, document your concerns and gather relevant evidence.
   3. Visit the Magistrates Court website to obtain the necessary forms.
   4. Complete Form 12: Application for an Order and submit it following court instructions.

Key Takeaways

• Understand your rights under the Residential Tenancies Act 1987 (WA).
• Attempt to resolve disputes directly with the rooming house manager first.
• When necessary, escalate the issue to the Magistrates Court.

Need Help? Resources for Renters

• Consumer Protection WA - Tenancy guidance and dispute resolution support.
• Magistrates Court of Western Australia - Information on lodging applications related to tenancy disputes.
• Community Legal Centres WA - Access legal advice and support for tenancy issues.

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1. Residential Tenancies Act 1987 (WA)
2. Fair Trading Act 1987 (Cth)

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