Top Issues Tenants Face with Rent and Deposits in WA

Renting in Western Australia involves navigating various legal and financial requirements, from rent payments to handling bonds and holding deposits. Understanding these processes can help tenants manage and resolve common issues effectively. Here, we discuss the top challenges renters face in WA and how they can be addressed effectively.

Rent Increases and Overcharging

One of the most common issues tenants face is unexpected rent increases. In Western Australia, rent can generally only be increased once every six months if it's a periodic tenancy. The landlord must provide at least 60 days’ notice in writing.

If tenants believe the increase is unjustified, they may apply to the Magistrates Court of Western Australia for a review.

Action Steps:

• Review your rental agreement carefully to understand the terms regarding rent increases.
• If notified of a rent increase, ensure it complies with the Residential Tenancies Act 1987.
• Seek mediation or apply to the Magistrates Court if you believe the increase is unfair.

Bond Disputes

Bond disputes arise when tenants feel their bond is unjustly withheld. In WA, a bond cannot exceed four weeks’ rent. Upon tenancy termination, it should be promptly refunded unless there’s a valid claim against it.

Common Bond Dispute Outcomes:

• Disagreements over cleaning or damage claims.
• Disputes about unpaid rent or other charges.

Tenants can lodge a bond dispute with the Magistrates Court if they cannot reach an agreement with the landlord.

Holding Deposits

Another concern is misunderstanding holding deposits. These deposits should be refunded if the rental agreement does not proceed unless a written agreement specifies otherwise. Mismanagement or unauthorized deductions can lead to disputes.

Always have a clear written agreement specifying the terms for holding deposits.

FAQ Section

1. What is the maximum rent increase allowed in WA?

   Rent can generally only be increased once every six months with a minimum of 60 days’ notice, following the terms in your rental agreement.

2. How can I dispute a bond claim in WA?

   File a dispute with the Magistrates Court within your rights as outlined by the Residential Tenancies Act 1987.

3. Are holding deposits refundable?

   Holding deposits are refundable if the rental doesn’t proceed unless a written agreement states otherwise.

How To Section

1. How to challenge a rent increase in Western Australia
   1. Review the notice: Ensure your landlord followed WA's rules for notifying rent increases.
   2. Respond in writing: Write to your landlord if you wish to negotiate or dispute the increase.
2. How to file a bond dispute in Western Australia
   1. Prepare evidence: Gather any documents or photos related to the claim.
   2. Complete the application: Submit your dispute to the Magistrates Court.

Key Takeaways

• Understand your rights and obligations under the Residential Tenancies Act 1987.
• Keep all communications and agreements in writing to avoid future disputes.
• Seek legal advice or mediation early if issues arise.

Need Help? Resources for Renters

If you're facing issues as a renter, consider reaching out to these resources:

• Consumer Protection WA - Offers advice and support for tenancy issues.
• Tenancy WA - Provides legal advice and assistance for tenants.
• Magistrates Court of WA - Handles rental disputes and bond issues.

---

1. Western Australian legislation protects tenants under the Residential Tenancies Act 1987.
2. For rent disputes, tenants can apply to the Magistrates Court of Western Australia.
3. The national Fair Trading Act 1987 (Cth) governs fair trading and commercial practices in Australia.

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