What is the legislation governing residential tenancies in Western Australia?

The Residential Tenancies Act 1987 sets out the rights and responsibilities of tenants and property owners/agents (landlords) in Western Australia. People with a residential tenancy agreement renting private residences, public housing, community housing or living in caravan parks throughout Western Australia are covered by the Act.

What types of rental accommodations are NOT covered by the Act?

Those not covered by the Act include: students living in educational institutional or college housing, hospital or nursing home residents, boarders and lodgers, people living in holiday accommodation or accommodation for holiday purposes, and aged people's housing. Only caravan park tenants who rent both the caravan and the site are definitely covered by the Residential Tenancies Act. People who use their own caravan and rent only the site, may be covered by the Act.

Is it necessary to have a written tenancy agreement?

The tenancy agreement can be either written or verbal, or partly written and partly verbal. However, verbal agreements can be difficult to determine. A written agreement is preferable as it clearly sets out the relationship and the rights and responsibilities of each party.

What about a signed property condition report?

A property condition report is not required by law. However, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the report. On move-out, both parties should inspect the premises and fill in another copy of the report, and negotiate (if possible) or make note of any disputed items.

How much can the landlord charge for a rental bond?

The most you can be charged for a security bond is 4 weeks rent unless:

o the rent is more than $500 per week (then there is no limit); or

o the owner has lived in the premised as their main place of residence for at least 3 months, and has just moved out (then there is no limit).

The bond is paid as security to the owner for any damage to the premises that may occur and/or for any monies you may owe at the end of the tenancy. The landlord cannot ask for more than one security bond, or for more than four weeks rent as a bond (unless allowed under s29(2) of the Act. The bond money is held during the tenancy in an account with either an authorised financial institution (either in a trust account or individual account), or with the Bond Administrator. Under the Act, the bond may be increased once a year if the rent increases, as long as the bond does not exceed the equivalent of four weeks rent. There is no interest payable on money lodged with the Bond Administrator. If the money is held by a financial institution, the financial institution is required to pay interest at a rate set by the Residential Tenancies Regulations (1989).

All of the bond money should be returned to the tenant at the end of the tenancy unless the tenant owes the landlord for unpaid rent, damage, water or other costs under the rental agreement. These amounts will be deducted from the bond money and the tenant will be liable for any over-run. In order to have the bond money withdrawn from the account, either the original signatories to the bond lodgement account (i.e. the landlord and the tenant) must sign a Joint Application for Disposal of Security Bond Form, or an order for the release of the bond money must be made by the court.

What other fees can the landlord charge?

The landlord can charge a pet bond if the tenant has a pet (not to exceed $100, regardless of whether the tenant has more than 1 pet). The landlord can keep the pet bond for up to 14 days after the end of the tenancy, to determine if fumigation is necessary. If it is not necessary, the pet bond must be returned in full. It cannot be used for any other purpose.

An option fee is sometimes charged when making an application for tenancy. The option fee is usually no more than 1 week's rent, and the money is returned if the application is unsuccessful or deducted from the rent if the application is successful.

The landlord is NOT permitted to ask a tenant to pay more than a fortnight rent before or during the first two weeks of a tenancy agreement, or requesting another rent payment before the first payment has expired. The landlord is also not permitted to request post-dated cheques for rent.

The property owner is responsible for paying all rates and taxes on the property. Also, tenants in strata complexes should NOT be charged strata fees.

Recent changes to State law on stamp duty have resulted in NO stamp duty being payable for any rental leases executed/processed on or after January 1, 2004.

When is the landlord allowed to increase the rent?

Under a fixed term tenancy (such as 6 months, 1 year, etc), the rent can only be increased if there is a specific clause in the agreement which allows for an increase before the end of the term. The landlord must give the tenant at least 60 days written notice before raising the rent. The landlord cannot increase the rent more than once every 6 months. This applies even if more people move into the premises.

There are no rent control laws in Western Australia. This means there is no limit to how much the rent can be increased.

How can a tenancy agreement be terminated?

A fixed term tenancy expires on the date set out in the agreement and generally cannot be terminated earlier unless the parties agree in writing to earlier termination. A period tenancy (such as month-to-month) can be ended by the tenant giving 21 days written notice to the landlord. The tenant must also supply a forwarding address in writing, or risk being fined under the Act. If the landlord wishes to end the tenancy for no reason, s/he must give the tenant at least 60 days notice in writing.

If the premises are being sold, the landlord must give the tenant at least 30 days written notice. If the premises have been rendered uninhabitable or been taken over by legal process, the landlord must give at least 7 days written notice.

Can a tenant sublet the premises?

A tenant may only sublet if the tenancy agreement allows for this or the tenant has obtained the landlord's permission to sublet in writing. The landlord cannot unreasonably refuse permission for a tenant to sublet if the tenancy agreement allows it.

When is the landlord permitted to enter the premises?

Under Section 46 of the Act, the landlord has the right to enter the property after giving notice to the tenant stating why and when they intend to enter the property. The landlord must give the tenant notice BEFORE they enter the property. Entry must be at a reasonable time of day. Notice is not required in case of emergency, or if the tenant consents. The landlord can enter the premises for the following reasons on the following advance notice:

1. For the purpose of inspecting the premises: at least 7 days written notice should be given. This notice should be in writing and specify the date and time at which the inspection will be done. The inspection should be done at a reasonable hour.

2. To carry out or inspect NECESSARY repairs: 72 hours notice should be given. The landlord or tradesperson may only enter at a reasonable hour. This does not include general renovations; only necessary repairs or maintenance.

3. To show prospective tenants through: in the last 21 days of the tenancy; OR to show prospective purchasers through: providing they come at a reasonable hour, after having given reasonable notice and only a reasonable number of times.

4. To inspect the property while collecting rent BUT not more than once every 4 weeks.

On what grounds can a landlord evict a tenant?

A landlord can evict a tenant for several reasons, including failure to pay the rent as it comes due, for a breach of a condition of the rental agreement, for holding over (refusing to move) after the rental agreement expires, for causing or permitting serious damage to the rental premises or injury to the landlord, neighbours or guests.

The landlord must first give the tenant proper notice as prescribed by the Act. If the tenant does not either move out or correct the default within the time set out in the notice, the landlord can proceed with the eviction action. It is illegal for a tenant to evict a tenant without a court order.

A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.

It is against the law under the Equal Opportunity Act (WA) to discriminate in accommodation on the basis of age, race, sex, marital status, disability, sexual orientation, pregnancy, marital status, religious or political beliefs, or gender history.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.