Understand Your Rights in WA Rooming & Boarding Houses
If you're renting in Western Australia in a rooming or boarding house, it's important to understand your rights as a resident. These living arrangements are unique compared to standard rental properties, and specific laws and regulations apply to ensure fair treatment. Whether you're dealing with rent increases, evictions, or maintenance issues, knowing your rights can make all the difference.
Your Rights Under Western Australian Law
In Western Australia, the Residential Tenancies Act 1987 governs the rights and responsibilities of both landlords and tenants, including rooming and boarding house residents. This legislation ensures that all parties are legally protected and disputes are handled appropriately.
Rooming and Boarding Houses Defined
Rooming and boarding houses are different from traditional rental homes. They provide accommodation where residents typically rent a single room and share common areas. It's crucial to understand whether you fall under this category, as your rights and obligations may differ from those of standard tenancies.
Key Rights for Rooming and Boarding House Tenants
- Right to Privacy: You have the right to privacy and reasonable quiet enjoyment of your room.
- Maintenance and Repairs: The landlord must maintain the premises and ensure all facilities are in working order.
- Security: The dwelling must be secure, with functioning locks and security measures in place.
Handling Rent Increases and Evictions
Rent increases in rooming and boarding houses should comply with the guidelines outlined in the Residential Tenancies Act 1987. Typically, you must receive written notice of any proposed increase, and it must be justified by market rates.
Tip: Always keep records of any communication with your landlord regarding rent hikes.
If you're facing eviction, the landlord must follow due legal processes. Unjust or sudden evictions can be contested, and you're entitled to a hearing at the Western Australian Magistrates Court, which handles tenancy disputes in the state.
Important Forms for Residents
- Form 1 - Notice of Termination: This form is used if a landlord wishes to end your agreement. They must provide valid reasons and notice periods.
- Form 6 - Application for Sole Tenancy: Use this if you wish to apply to become the sole tenant of a room.
Each form can be found on the Consumer Protection WA website.
- Step 1: Understand if the form applies to your situation.
- Step 2: Complete all sections accurately.
- Step 3: Submit as per the instructions provided with the form.
- FAQ Section:
- What is the difference between a rooming house and a boarding house? In general, rooming houses offer accommodation with shared facilities, while boarding houses may provide meals as part of the stay.
- What should I do if I face an unfair rent increase? You can appeal to the WA Magistrates Court if you believe a rent increase is unjustified.
- Can my landlord access my room without notice? No, landlords need to provide reasonable notice before entering your room, except in emergencies.
- Consumer Protection WA: Provides detailed guidance on renting laws and disputes.
- Tenancy WA: Offers legal advice and assistance to tenants.
- Western Australia Association for Social and Affordable Housing: Advocacy and support for housing issues.
Need Help? Resources for Renters
Footnotes
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