Understanding Harassment & Landlord Misconduct in WA

As a renter in Western Australia, understanding your rights is crucial, especially when dealing with landlord misconduct or harassment. Rights and responsibilities of tenants and landlords are governed by the Residential Tenancies Act 1987. This legislation offers protection against various forms of misconduct, ensuring you have a safe and respectful renting experience.

What Constitutes Landlord Harassment in WA?

Harassment by a landlord can take many forms, including excessive communication, threats, or entering your property without proper notice. In most cases, landlords must give you at least 24 hours' notice before entering your premises for inspections or repairs.

Examples of Harassment

• Frequent unannounced visits
• Repeated unwarranted requests for you to vacate
• Threatening emails or messages

What Can You Do if You Experience Harassment?

If your landlord is harassing you, there are steps you can take to protect yourself:

1. Keep records: Document all incidents, including dates, times, and the nature of the harassment.
2. Communicate: Attempt to address the behavior directly with your landlord by clearly explaining your concerns in writing.
3. File a complaint: If the issue persists, contact the WA Department of Mines, Industry Regulation and Safety for further assistance.
4. Seek legal advice: Consider consulting a community legal centre to explore your options.

Forms You May Need

The Notice of Breach of Agreement (Form 20) is a statutory form you can use to formally notify your landlord of any breaches of the tenancy agreement, including harassment. This form is available through the WA Department of Mines, Industry Regulation and Safety’s website, and should be completed and delivered to your landlord with supporting evidence of the breach.

FAQs on Harassment & Landlord Misconduct

1. What should I do if my landlord repeatedly enters my home without notice? Document each occurrence and write to your landlord reminding them of the legal requirement for notice. If the behavior continues, you may need to contact the WA Department of Mines, Industry Regulation and Safety.
2. Can my landlord evict me for complaining about harassment? No, retaliatory eviction is not lawful. If you face eviction, seek legal help immediately.
3. How do I file a complaint about harassment? You can file a complaint with the WA Department of Mines, Industry Regulation and Safety. They can assist in mediating and resolving disputes.

Need Help? Resources for Renters

• WA Department of Mines, Industry Regulation and Safety - For filing complaints and dispute resolution.
• Tenants' Union of WA - Offers legal advice and support.
• Legal Aid WA - Provides free legal information and advice.

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1. How do I protect myself from eviction? Keep thorough records and communicate openly with your landlord to resolve issues amicably whenever possible.
2. What recourse do I have against a threatening landlord? Report threats to the police if they are severe. For ongoing issues, seek legal advice and consider applying for a restraining order if necessary.

Key Takeaways

• Western Australia's Residential Tenancies Act 1987 protects renters from harassment and misconduct.
• Document incidents and communicate your concerns before escalating to official complaints.
• Seek legal help if you're facing ongoing harassment or threats of eviction.

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