Rooming and Boarding House Rights in Western Australia

In Western Australia, renting a room in a rooming or boarding house presents unique challenges and rights distinct from standard rental agreements. Understanding these differences is crucial for ensuring you know your protections under the law.

Your Rights as a Rooming or Boarding House Tenant

If you're renting in a rooming or boarding house in WA, your rights are governed by the Residential Tenancies Act 1987. This Act outlines the legal obligations of both landlords and tenants, ensuring a fair renting experience. Below, we break down some key areas where your rights are protected.

Rent Increases and Notices

Landlords cannot raise rent arbitrarily. They must follow a formal procedure, notifying you in writing at least 60 days before the increase. To challenge a rent increase, ensure that the notice meets legal requirements.

Eviction Procedures

Eviction from a rooming or boarding house must be legally justified. The landlord needs to provide a valid reason and must adhere to the correct legal process, which includes giving a notice that specifies the reason for eviction.

Maintenance and Repairs

The landlord is responsible for maintaining the property in a reasonable state of repair. If urgent repairs are needed, you may have the right to authorize these repairs yourself after attempting to reach the landlord.

Filing Complaints and Dispute Resolution

If disputes arise, the Department of Mines, Industry Regulation and Safety handles residential tenancy disputes in WA. You can apply to this department for mediation or formal resolution.

Relevant Forms

• Notice of Rent Increase: Used by landlords to inform tenants of upcoming rent changes. The form ensures both parties are aware of the rent adjustment.
• Application for Dispute Resolution: Filed by tenants seeking mediation or adjudication on unresolved issues. This can be found on the Consumer Protection website.

1. How do I challenge a rent increase in WA?

   You can challenge a rent increase by: 1) Reviewing if the notice complies with the necessary legal steps; 2) Writing a formal dispute letter if you find discrepancies;

2. Can I be evicted without notice?

   No, legal eviction procedures must be followed, including providing you with an appropriate notice period.

3. What do I do if my landlord refuses to make repairs?

   If your landlord fails to address urgent repairs, you may arrange for the repairs and seek reimbursement, provided you consult the Residential Tenancies Act 1987.

Need Help? Resources for Renters

If you need help, various resources are available:

• Department of Mines, Industry Regulation and Safety - Offers tenant information and dispute handling.
• WA Community Legal Centre - Provides legal advice and advocacy.

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Summary:

• Understand your rights under the Residential Tenancies Act 1987.
• Ensure all notices from landlords follow legal procedures.
• Seek help from the Department of Mines, Industry Regulation and Safety for resolving disputes.

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