Understanding Rent, Bond & Holding Deposits in WA

Renting in Western Australia involves various components such as rent, bond payments, and handling deposits. Understanding each of these aspects can help renters manage their tenancy confidently.

Rent in Western Australia

In Western Australia, the amount of rent tenants are required to pay is typically agreed upon in the lease agreement. This amount should remain constant unless a rent increase is scheduled under certain conditions stipulated in your lease.

When Can Rent be Increased?

Landlords can only increase rent six months after the last increase, and only if proper notice is given. This notice must be at least 60 days before the increase takes effect.

Bonds and Holding Deposits

A bond acts as a security deposit for landlords in case of unpaid rent or damages to the property. In Western Australia, the maximum bond can’t exceed four weeks’ rent, plus any pet bond if applicable.

Lodging a Bond

Bond money must be lodged with the state's Bond Administrator. Failure to do so within 14 days can result in fines to the landlord.

When are Holding Deposits Used?

Holding deposits may be requested to reserve the property before a lease agreement is signed. If you retract your application, the landlord may retain this deposit as a penalty.

Handling Disagreements

If disagreements arise regarding rent or bond issues, tenants and landlords should first attempt a resolution amongst themselves. If disputes persist, the Western Australian Department of Commerce can provide mediation services.

Common Legal Forms

Key forms related to rent and bond issues include:

• Form 1AC: Required for lodging a security bond, available at the WA Government Forms website.
• Form 5: Rent Increase Notice form, necessary for landlords to inform tenants of any rent increase.

Always ensure you receive a copy of any signed form, as this is essential for your records and in case of any future disputes.

Need Help? Resources for Renters

For further assistance, renters in Western Australia can reach out to:

• Tenants’ Advice Service WA for free legal information.
• Sussex Street Community Law Service Inc. offering community support and legal advice.
• WA Courts Registry for filing non-urgent applications and disputing tenancy matters.

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1. What should I do if I disagree with a rent increase? If you believe a rent increase is unjustified, consider discussing it with your landlord first. If the issue remains unresolved, you can contact the Consumer Protection Division for mediation services.
2. How can I lodge a bond dispute? If there's a disagreement over the bond refund, apply to the Magistrates Court using the appropriate forms, like Form 6 for a disputed termination notice.
3. What happens if my landlord keeps my holding deposit? If you haven’t entered into a rental agreement, you may dispute this by contacting the Consumer Protection or applying to the Magistrates Court for a resolution.

1. How to file a dispute over a bond in Western Australia
   1. Step 1: Discuss with your landlord - Attempt an amicable resolution initially.
   2. Step 2: Submit a Bond Disposal Application (Form 6) - If unresolved, lodge your form through the WA Government’s official website.
   3. Step 3: Apply to the Magistrates Court - If mediation fails, submit an application for a fair settlement.

Understanding and managing your rental obligations can help you have a smoother rental experience in Western Australia. Stay informed and proactive to ensure your rights as a renter are always protected.

Key Takeaways:

• Rent increases require at least a 60-day notice and cannot occur within six months of the last increase.
• Your bond must not exceed four weeks’ rent and needs to be lodged with the Bond Administrator.
• Engage state resources for dispute resolutions when necessary.

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1. Residential Tenancies Act 1987 (WA) can guide you about general and bond-related rights and obligations. Visit Legislation WA for more details.
2. The Consumer Protection Division is part of the WA Government providing tenancy services and mediation. Find out more at Consumer Protection WA.

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