Understanding Privacy & Entry Rights in WA

Being aware of your rights as a renter in Western Australia is crucial, especially when it comes to your privacy and the circumstances under which a landlord can enter your home. Ensuring that you understand these rights can help you to maintain a harmonious relationship with your landlord while safeguarding your personal space.

Your Privacy Rights as a Tenant in WA

Your rental property is your home, and as such, you have the right to privacy. In Western Australia, the Residential Tenancies Act 1987 (WA) outlines specific conditions under which a landlord can access your rental property.

Reasons for Entry

• To carry out repairs or maintenance
• To show the property to potential tenants or buyers
• To conduct a routine inspection (limited to four times a year)
• In case of an emergency

Notice Requirements

Landlords must provide you with proper notice before entering your property. For most reasons, such as inspections, they must give you at least 7 days' notice, and the entry should occur between 8:00 am and 6:00 pm on weekdays or 9:00 am and 5:00 pm on Saturdays.

Forms and Notices

There are specific forms that both renters and landlords should be aware of:

• Notice of Entry Form: Used by landlords to notify tenants about an intended entry. Always ensure it includes the date, reason for entry, and adherence to the required notice period. An example can be found here.

Protect Your Rights

If a landlord violates your entry rights, you can take steps to resolve the issue:

Always communicate first. If the issue persists, consider filing a complaint with the relevant authority.

Understanding the Legal Framework

The Fair Trading Act 1987 (Cth) also provides broader protection concerning your rights. Familiarize yourself with these laws to ensure you're fully protected.

FAQ

1. How often can a landlord inspect my rental in WA? Landlords can conduct a routine inspection up to four times a year, with appropriate notice.
2. What should I do if my landlord enters without permission? Document the incident and discuss it with your landlord. If it continues, consider legal action through the Western Australian authorities.
3. Can I refuse entry to my landlord? Yes, if the entry does not comply with the legal requirements of notice and purpose, you have the right to deny access.

How To

1. How to file a complaint with WA authorities
   1. Contact the landlord to discuss the issue.
   2. If unresolved, obtain a Form 39: Application for Disposal of Bond Money.
   3. Submit the form to the Consumer Protection Western Australia.
   4. Attend the scheduled hearing if required to present your case.

Key Takeaways

• Know your entry rights under the Residential Tenancies Act 1987 (WA).
• Always communicate any concerns with your landlord promptly.
• Seek legal intervention if your rights are continually infringed.

Need Help? Resources for Renters

If you need advice or assistance, contact these resources:

• Consumer Protection WA
• Tenancy WA
• Shelter WA

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1. Department of Commerce, Residential Tenancies Act 1987 (WA), accessed October 2023, https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_809_homepage.html.
2. Fair Trading Act 1987 (Cth), accessed October 2023, https://www.legislation.gov.au/Details/C2015C00555.

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