Risks Renters Face With Compensation & Lease Breaches in WA

As a renter in Western Australia, understanding the risks associated with compensation claims and lease breaches is crucial to maintaining your rights and ensuring a smooth rental experience. With the complexities surrounding rental laws in this state, renters must be well-informed and prepared to address potential disputes.

Understanding Lease Breaches

In Western Australia, a lease breach occurs when either a renter or landlord fails to meet their obligations under a rental agreement. Common breaches by landlords may include failure to maintain the property or unapproved entry, while renters might inadvertently breach by not paying rent on time.

Common Risks for Renters

Tenants may face several risks when dealing with lease breaches, including:

• Unlawful terminations and evictions
• Disagreements over property condition and maintenance
• Delays receiving bond refunds

Compensation Claims

Renters in WA can seek compensation for losses suffered due to a landlord's breach. This compensation could cover costs like emergency repairs or accommodation expenses if the property is uninhabitable.

How to File a Compensation Claim

To file a compensation claim:

1. Document the breach: Keep detailed records of the incidents, including photos, emails, and receipts.
2. Submit a formal complaint: Use Form 12 to formally notify your landlord of the breach and request rectification. Access the form here.
3. Apply to the tribunal: If unresolved, apply to the Magistrates Court of WA using the appropriate application form. More information is available here.

Relevant Legislation

The Residential Tenancies Act 1987 governs rental agreements in WA, and it's essential to understand your rights and responsibilities under this law. Federally, the Fair Trading Act 1987 also provides protections and should be consulted.

1. What is a lease breach? A lease breach is when a renter or landlord fails to adhere to the terms agreed upon in the rental contract.
2. How can a renter claim compensation for a breach? Document the breach and submit Form 12 to your landlord. If unresolved, seek assistance from the Magistrates Court of WA.
3. What risks should renters be aware of? Risks include unlawful eviction, bond disputes, and inadequate property maintenance.
4. What is Form 12 used for? Form 12 notifies landlords of breaches and requests remedial actions. Obtain it here.
5. How can disputes be resolved in WA? Many disputes can be resolved through negotiation or by applying to the Magistrates Court for assistance.

1. How to resolve a rental dispute in WA
   1. Step 1: Gather evidence

      Collect all relevant evidence such as emails, photos, and receipts related to the breach.

   2. Step 2: Communicate with your landlord

      Reach out to your landlord and discuss the issue in a formal manner.

   3. Step 3: Use Form 12

      Issue Form 12 to the landlord, stating the breach and required resolution.

   4. Step 4: Apply to the Magistrates Court

      If unresolved, file a case with the Magistrates Court for arbitration.

Key Takeaways

• Understand your rights under the Residential Tenancies Act 1987 in WA.
• Maintain records and communicate clearly if a breach occurs.
• Seek appropriate resources to guide you through filing compensation claims.

Need Help? Resources for Renters

• Consumer Protection WA: Consumer Protection
• Magistrates Court of WA: Renters & Landlords
• Tenancy WA: Tenancy WA

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1. Form 12 Notice of Breach
2. Residential Tenancies Act 1987 (WA)
3. Fair Trading Act 1987

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