Risks Renters Face in WA Tenancy Agreements

As a renter in Western Australia, navigating tenancy agreements and renewals can be a daunting process. While renting provides flexibility, it's important to understand the potential risks involved, such as rent increases, eviction notices, and disagreements over repairs. Knowing your rights under the Residential Tenancies Act 1987 (WA) is crucial to protect yourself and ensure a smooth rental experience.

Common Risks Renters Face

Rent Increases

One of the common concerns for renters is unexpected rent increases. In Western Australia, landlords can increase the rent only under certain conditions, such as when there is a clause in the lease agreement permitting it, or at the lease renewal stage. However, tenants must be given at least 60 days' written notice of any rent increase. Understanding these requirements helps you prepare and respond appropriately. Remember: If a rent increase is not legally justified, you can dispute it through the Department of Mines, Industry Regulation and Safety.

Eviction Notices

Receiving an eviction notice can be stressful. In Western Australia, a landlord must follow the correct legal process to evict a tenant. This includes providing a valid reason, such as a breach of the lease or the end of a fixed-term agreement, and giving adequate written notice. Tenants have the right to challenge eviction notices that don't comply with the Residential Tenancies Act 1987.

Repairs and Maintenance Disputes

Disputes over repairs and maintenance are common in rental agreements. Landlords are responsible for ensuring the property meets basic living standards and responding to urgent repair requests promptly. If repairs are not addressed, renters can notify the landlord using a Notice to Lessor of Breach of Agreement (Form 20), available on the official government site.

Tip: Document all communications regarding repairs and maintenance to maintain a clear record of events.

FAQ Section

1. Can my landlord increase my rent any time during my lease? In Western Australia, landlords can only increase rent if their lease agreement includes a rent review clause or at the end of the lease. Tenants must receive a 60 days' written notice.
2. How can I dispute an eviction notice? You can challenge an eviction notice by applying for a hearing at the Western Australian Magistrates Court if you believe the notice is unjustified.
3. Who is responsible for repairs in my rental property? Landlords are responsible for ensuring the property is maintained and meeting standard living conditions, including addressing urgent repairs promptly.

Need Help? Resources for Renters

If you're facing issues with your tenancy agreement, several resources are available:

• Department of Mines, Industry Regulation and Safety: Offers comprehensive guidance on tenancy rights and obligations.
• Legal Aid Western Australia: Provides free legal advice for eligible renters.
• Western Australian Council of Social Service (WACOSS): Connects renters with useful advocacy services.

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1. Can landlords issue an eviction notice without reason? Typically, a landlord must provide a valid reason corresponding with a breach of the rental agreement or at the end of a lease.

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