Western Australia Residential Tenancies

In WA Residential Tenancies are subject to and governed by the Residential Tenancies Regulations 1989 and Residential Tenancies Act 1987. The Act regulates the rights and responsibilities of tenants and landlords in Western Australia and came into effect on the 21st of January 1988. The Act applies to any residential tenancy agreement entered into, renewed, extended, assigned or otherwise transferred after the act commenced with some exemptions, these include :

• tenants whose principle place of residence is a residential park, within the meaning of the Residential Parks (Long-stay Tenants) Act 2006 .
• those living in hotels and motels
• holiday homes and
• aged care facilities including hospitals and nursing homes.

For a list of other exclusions one should consult sect 5 of the Residential Tenancies Act 1987

The Act does cover permanent residents of caravan parks and park home residents who have entered into or renewed a fixed-term long-stay tenancy agreement prior to 3 August 2007. The new Residential Parks (Long-stay Tenants) Act 2006 will cover residents of caravan parks and park home residents who commence on long-stay tenancy agreements after 3 August 2007.

Before the tenant moves into the rented premises or enters into a Residential Tenancy Agreement the agent or landlord must provide the tenant with a copy of Schedule 2 from the Residential Tenancies Regulations 1989. This information sheet summarises the main provisions of the Act and Regulations, that relate to the tenant’s and landlord’s obligations. Furthermore the tenant must receive a written copy of the tenancy agreement when it is signed. And a further copy after it has been signed by both parties within 21 days of the date the agreement was first executed by the tenant.

The Tenancy Agreement
The lease or residential tenancy agreement is binding contract between the landlord and the tenant. The residential tenancy rental agreement is best made up in two parts . The first part defines the rights and obligations of the parties as prescribed under the act and the second part is the property condition report. The tenant must be given time to read and understand the terms of the tenancy agreement before being asked to sign it.

Condition Report
Unlike most other states condition reports are not compulsorily require under the Act, although it's strongly recommended using them. At the beginning of the tenancy the landlord fills out and signs 3 copies of the condition report and gives two copies to the tenant. The tenant indicates agreement or disagreement with the condition suggested by the landlord or landlord’s agent by placing a tick or a comment in the correct space. If either party believe the report does not represent the true condition of the premises, this is the time to sat so. The tenant must return one signed copy of the completed condition report to the landlord or landlord’s agent within (5) business days and keeps the second copy.

Bond
The maximum bond cannot be any more than 4 weeks rent. However in the event that the tenant intends to keep a cat or a dog on the premises the landlord may include an additional $100 to meet the cost of any fumigation of the premises that may be required on the termination of the tenancy. If the rent per week is more than $500 the tenant and the landlord may negotiate an agreeable bond.

Rent in Advance
The tenant will usually be required to pay 2 weeks rent in advance from the first day of the tenancy. Under the Act a tenant cannot be required to pay anymore than 2 weeks rent in advance and penalties apply.

Terminating a WA Tenancy agreement
Unless the landlord has breached the terms of the fixed term agreement the tenant is committed to honour their obligations for the duration of the term. Once the fixed term tenancy has ended Tenants are required to give at least 21 days notice and the Landlord must give at least 60 Days notice.
If the tenant breaks the tenancy agreement early the Landlord may claim compensation for any loss suffered, including maintenance expenses on the property until the landlord finds a new tenant or the original tenancy period expires. Of course a fixed term agreement may also be ended if the parties agreed in writing.

Residential Tenancy kits for Western Australia are available from your local newsagent in printed format or from RP Emery and Associates as a downloadable MS word document. Unlike hardcopy agreements the MS word documents can be used time and again and it also allows a certain amount of flexibility to edit as you see fit.

For more information consult the Residential Tenancies Act 1997 or contact The Department of Consumer and Employment Protection

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