Understanding Rent Increases in WA

As a renter in Western Australia (WA), understanding rent increases and your rights around them is crucial. Whether you're navigating a current increase or planning for the future, staying informed can help you manage your tenancy with confidence.

When Can Rent Be Increased?

In WA, rent increases must follow the guidelines set by the Residential Tenancies Act 1987 (WA). This legislation specifies when and how landlords can increase rent:

• Fixed-term Agreements: Rent cannot be increased during the fixed-term agreement unless it is stated in the lease.
• Periodic Agreements: Rent can be increased, but you must be given 60 days’ written notice of the increase.

Notice of Rent Increase

Your landlord must provide written notice if they intend to increase your rent. The notice must include:

• The amount of the new rent
• The proposed increase date
• The current amount of rent

If these legal requirements aren't met, the rent increase may be invalid.

Disputing a Rent Increase

If you believe a rent increase is excessive or unfair, you can apply to the Magistrates Court of Western Australia for a review. This step is crucial if you're unable to negotiate with your landlord directly.

How to Submit an Application

1. Gather Evidence: Collect documents such as rent receipts, your lease agreement, and comparable rental listings in your area.
2. Complete the Application: Fill out the appropriate application form for rent disputes.
3. Submit the Form: File the form with the Magistrates Court, either online or in person.
4. Attend the Hearing: Present your case with evidence to support your argument against the rent increase.

Need Help? Resources for Renters

For assistance with rent disputes or understanding your rights, consider reaching out to the following organizations:

• Tenancy WA
• WA Consumer Protection
• Legal Aid WA
• Magistrates Court of WA

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1. What should I do if I don't agree with the rent increase? If you believe the increase is unreasonable, you can attempt to negotiate with your landlord or apply to the Magistrates Court of WA for a review.
2. Can my landlord raise the rent during a fixed-term lease? Rent is typically fixed during a fixed-term lease unless the lease agreement specifically allows for an increase.
3. What notice period is required for rent increases in WA? For periodic tenancies, landlords must give a written notice of at least 60 days before the rent increase takes effect.

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1. How to contest a rent increase notice in WA
   1. Review the Increase Notification: Examine the notice to ensure compliance with WA regulations.
   2. Research Comparable Rents: Look at similar properties in your area to determine if the increase is in line with the market.
   3. Attempt Negotiation: Communicate with your landlord about your concerns or evidence against the raise.
   4. Apply to the Magistrates Court: If negotiation fails, submit a form to the Magistrates Court for a fair assessment.

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Key Takeaways

• Always verify the legality of a rent increase with respect to your tenancy agreement.
• You have the right to dispute a rent increase through the Magistrates Court if necessary.
• Resources like Tenancy WA can provide support and guidance.

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