Tenant Guide to Rent, Bond & Holding Deposits WA

Renting in Western Australia can be a rewarding experience, but it's essential to have a firm grasp on the intricacies of rent, bond, and holding deposits. These elements are governed by specific rules under the Residential Tenancies Act 1987 to protect both tenants and landlords. Understanding your rights and responsibilities as a tenant can help ensure a smooth rental experience.

Understanding Rent in WA

The rent you pay is usually determined by the market and agreed upon in your tenancy agreement. Your landlord can only increase your rent after six months of your tenancy and must provide at least 60 days' written notice for the increase to take effect.

How Rent Increases Work

• Your lease agreement cannot receive a rent increase earlier than six months into the tenancy.
• A 60-day written notice is mandatory before any rent increase.

If you believe a rent increase is unfair, you can seek advice or challenge it through the Consumer Protection Division of the Department of Mines, Industry Regulation and Safety.

Bond and Holding Deposits

The bond acts as financial protection for the landlord should damages or unpaid rent occur. It cannot exceed four weeks of rent. A holding deposit, however, is for securing the rental property while arrangements are finalized.

What to Know About Bonds

• The bond must be lodged with the Bond Administrator using Form 1.
• Landlords must provide a receipt of the bond lodged.

Once your tenancy ends, applying for a bond refund is critical. If there's a dispute over the bond return, the matter can go to the Bond Administrator.

Handling Holding Deposits

• Should you decide not to proceed with the tenancy, the law requires the landlord to refund the holding deposit promptly.

Tip: Always read and understand the lease terms about holding deposits carefully, as they can vary between agreements.

FAQ

1. What is the maximum amount for a rental bond in WA? The maximum rental bond cannot exceed four weeks of rent.
2. How often can my rent be increased? Rent can be increased every six months with 60 days' notice.
3. Can I dispute a rent increase? Yes, you can dispute a rent increase by contacting the Consumer Protection Division for assistance.

How To: Challenge a Rent Increase in WA

1. Understand Your Notice: Review the notice to ensure it complies with the 60-day rule.
2. Discuss with Your Landlord: Address any concerns or negotiate directly with your landlord.
3. Seek Resolution: If unresolved, consider formally challenging the increase through the relevant tribunal.

Key Takeaways

• Bonds must be processed using the correct forms and lodged with the Bond Administrator.
• Rent increases require notice and cannot be excessively frequent.
• Check your rights around holding deposits in rental contracts.

Need Help? Resources for Renters

For more information about your rights and obligations in WA, contact:

• Consumer Protection Division - Rent and rights information.
• Tenancy WA - Free legal advice for tenants.
• State Administrative Tribunal - Resolve tenancy disputes and bond issues.

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1. Residential Tenancies Act 1987

2. Consumer Protection Division

3. Bond Administration

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