Understanding Rent Increases & Rent Control in WA

For renters in Western Australia, navigating the complexities of rent increases and rent control can be challenging. Whether you're renewing your lease or facing a sudden rent hike, understanding the laws can make a significant difference.

Rent Increases in Western Australia

In Western Australia, rent increases are governed by the Residential Tenancies Act 1987. This legislation outlines the guidelines for how and when your rent can be increased.

When Can My Rent Be Increased?

Your rent can usually be increased at the end of the lease period and not during a fixed-term lease unless specified in the agreement. For periodic leases, landlords must provide at least 60 days' notice before the increase takes effect.

Notice of Rent Increase

The notice must be delivered in writing, specifying the new rent amount and the date it will commence. Failure to comply with this can invalidate the rent increase.

Challenging Rent Increases

If you believe a rent increase is unreasonable, you may apply to the Magistrates Court of Western Australia for a review. Make sure to gather all necessary documentation to support your claim.

Rent Control in Western Australia

Currently, Western Australia doesn’t have formal rent control laws limiting how much rent can be increased. However, during certain crises, temporary measures such as rent freezes may be implemented by the government.

Understanding Your Tenancy Agreement

Your tenancy agreement should clearly outline the terms regarding rent adjustments. It’s essential to read and understand this document completely before signing.

Relevant Forms

If you decide to challenge a rent increase, you may need to fill out a specific form depending on your situation. Unfortunately, Western Australia doesn't have a specific standardized form for rent disputes, but you can submit a written complaint to your local Magistrates Court.

Conclusion

• Rent increases must follow the protocol laid out by the Residential Tenancies Act 1987.
• Challenging a rent increase involves applying to the Magistrates Court for a review.
• Western Australia doesn't have permanent rent control laws, so staying informed about temporary measures is crucial.

Need Help? Resources for Renters

• WA Department of Mines, Industry Regulation and Safety - Assistance for tenants and landlord concerns.
• Legal Aid Western Australia - Legal support for tenants.
• Tenancy WA - Offers advice, advocacy, and education projects.

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1. Can my rent be increased during a lease? No, your rent cannot be increased during a fixed-term lease unless the agreement includes that provision and proper notice is given.
2. How do I dispute a rent increase? You can apply for a review at the Magistrates Court of Western Australia if you believe the increase is unreasonable.
3. What is "rent control"? Rent control refers to laws that limit how often and how much rent can be increased. Western Australia currently does not have such controls in place.

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