Tenant Rights & Protections in Western Australia

Renting a property in Western Australia can sometimes lead to challenges, whether it’s about dealing with rent increases, eviction notices, or necessary repairs. Understanding your rights as a renter under the Residential Tenancies Act 1987 can empower you to handle these issues more effectively.

Understanding Your Rights as a Tenant

In Western Australia, tenants are protected under the Residential Tenancies Act 1987. This legislation outlines the obligations and rights of both tenants and landlords, covering issues like lease agreements, rent, and property maintenance. Familiarizing yourself with this act is the first step in safeguarding your rights.

Key Areas of Protection

• Rent Increases: Rent can only be increased at specific intervals and must be stated in the lease agreement. The landlord must give you at least 60 days’ notice of any rent increase.
• Eviction Notices: To evict a tenant, landlords must follow a formal process, which involves serving a proper notice. You may contest an eviction if you believe it is unfair or improper.
• Repairs and Maintenance: Landlords are responsible for maintaining the rental property in a safe and livable condition. Urgent repairs should be addressed promptly, whereas non-urgent repairs should be requested in writing.

How to Deal With Common Tenancy Issues

When tensions rise in a rental agreement, knowing your options can make a huge difference. Below are some steps to take when facing common tenancy issues:

Dealing with Rent Increases

1. Check your lease to ensure the increase is allowed.
2. Verify you received at least 60 days’ written notice.
3. If you believe the increase is unfair, negotiate with your landlord or apply to the Magistrates Court for a review.

Responding to an Eviction Notice

1. Review the notice to check its validity and if it meets legal requirements.
2. Communicate with your landlord to resolve any misunderstandings.
3. If needed, lodge a dispute with the Western Australian Magistrates Court for review.

Requesting Repairs

1. Document the issue and communicate it in writing to your landlord, using Form A1 if necessary.
2. Allow a reasonable amount of time for the landlord to respond and fix the issue for non-urgent repairs.
3. If the landlord fails to act, you can apply to the Magistrates Court for an order to carry out the repairs.

FAQ Section

1. What should I do if my landlord increases the rent unfairly? Check your lease terms, ensure the correct notice period was given, and consider negotiating with your landlord. If unresolved, apply to the Magistrates Court.
2. How can I contest an eviction notice? Verify the notice's validity, communicate with your landlord for clarification, and file a dispute with the Western Australian Magistrates Court if needed.
3. What is the process for requesting urgent repairs? Notify your landlord immediately about the issue, preferably in writing. If the repair is not addressed, you may take the matter to court.

How To Section

1. How to challenge a rent increase in Western Australia
   1. Review the notice to ensure compliance with lease terms and legal requirements.
   2. Attempt to negotiate a fair rent amount with your landlord.
   3. If necessary, apply to the Magistrates Court to dispute the rent increase.
2. How to request repairs
   1. Use Form A1 to document your repair request and send it to your landlord.
   2. Give your landlord a reasonable time to complete the repairs.
   3. If unresolved, file a complaint with the Magistrates Court for enforcement.

Need Help? Resources for Renters

If you need further assistance, consider reaching out to the following resources:

• Western Australian Magistrates Court - for resolving tenancy disputes
• Tenancy WA - provides advice and support for tenants
• Legal Aid WA - offers free legal resources and assistance

---

1. Residential Tenancies Act 1987: Available here
2. WA Magistrates Court information: Available here
3. Fair Trading Act 1987 (Cth): Explore here

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid