Minimum Standards & Habitability in WA

Living in a rental property that meets minimum standards is essential for your safety and comfort. In Western Australia, the Residential Tenancies Act 1987 sets out the obligations of landlords to provide a habitable home for renters.

What Are Minimum Standards?

Minimum standards refer to the basic requirements a rental property must meet to ensure it is safe and livable. This includes provisions for health and safety, structural integrity, and essential services.

Essential Features of Minimum Standards

• Structural Soundness: The property must be structurally sound and free from significant dampness or water penetration.
• Plumbing and Gas: All plumbing and gas services must be in good working order and compliant with safety standards.
• Electrical Safety: Electrical circuits and appliances provided must be safe and functional.
• Pest-Free: The premises should be free of vermin infestations when you move in.

Responsibilities of the Landlord

Your landlord is responsible for ensuring the property meets these minimum standards. If a property does not meet these standards, renters have the right to request repairs or improvements.

Reporting Issues

If your rental property does not meet minimum standards, you should inform your landlord or property manager in writing. Document any issues with photos where possible.

Using Form 1AC

For reporting repairs or maintenance issues, use the Form 1AC available on the WA Department of Commerce website. This form helps communicate your concerns clearly and formally.

Legal Framework

The relevant legislation governing residential tenancies in Western Australia is the Residential Tenancies Act 1987. This act outlines both tenant and landlord rights and responsibilities.

Under the Residential Tenancies Act 1987, tenants have a right to a safe and habitable living environment.

Dispute Resolution

If issues remain unresolved, you can seek assistance from the WA Department of Mines, Industry Regulation and Safety. They provide guidance and dispute resolution services for tenancy issues.

1. What if my landlord ignores my repair requests?

   If your landlord does not address repair issues, you can apply to the WA Magistrates Court for an order requiring repairs.

2. Can I withhold rent if repairs aren't made?

   No, rent should not be withheld. Withholding rent can lead to eviction proceedings against you.

3. What constitutes an urgent repair?

   Urgent repairs relate to essential services like water supply, gas, electricity, and any major structural faults that pose safety risks.

1. How to request repairs in Western Australia
   1. Report the issue: Inform your landlord or property manager of the problem in writing as soon as possible.
   2. Use Form 1AC: Submit a completed Form 1AC.
   3. Document communications: Keep all communications and photos of the issue for records.
   4. Seek further action: If unresolved, contact the Department of Mines, Industry Regulation and Safety.

Need Help? Resources for Renters

If you need assistance, contact the WA Department of Mines, Industry Regulation and Safety for advice and support regarding tenancy issues. They provide free resources and assistance for renters.

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1. ¹ Residential Tenancies Act 1987
2. ² Form 1AC Notice of Tenant’s Intention
3. ³ WA Department of Mines, Industry Regulation and Safety

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