Residential Tenancies Act 1987 (WA)

Western Australia Residential Tenancies Act 1987 Western Australia Residential Tenancies Act 1987 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. References to residential premises or premises 1 4. Position of Crown 1 5. Application of Act 1 6. Modification of application of Act by regulation 1 7. Transitional provisions relating to commencement of this Act 1 Part II — Administration 7A. Commissioner 1 8. Functions of Commissioner 1 9. Commissioner may institute or defend proceedings for party 1 10. Delegation 1 11. Protection from liability 1 11AA. Disclosure of bond information 1 11A. Information officially obtained to be confidential 1 11B. Powers of investigation 1 Part III — Determination of disputes Division 1 — Provisions relating to applications made or referred to Commissioner 11C. Application of Division 1 11D. Parties to application 1 11E. Disputed tenancy matters 1 11F. Notice of application and invitation to make submissions 1 11G. Commissioner may require further information 1 11H. False or misleading information 1 11I. Deciding application 1 11J. Notice of Commissioner's decision 1 11K. Commissioner may publish decision and reasons 1 11L. Commissioner may decline to decide application and refer parties to Magistrates Court 1 Division 2 — Disputes determined by the Magistrates Court 12. Terms used 1 12A. Jurisdiction over prescribed disputes 1 13. Jurisdiction over other disputes 1 13A. Magistrates Court's jurisdiction 1 13B. Appeals from decisions of registrar 1 13C. Appeals from decisions of Commissioner 1 14. Time for determination of proceedings 1 15. Applications for relief and orders that may be made 1 16. Enforcement 1 17A. Disputes between tenants 1 17B. Determination of rights and liabilities after termination of tenant's interest on grounds of family violence 1 17. Application to vary or set aside order 1 18. Form of applications and notice of hearing 1 19. Witnesses and inspection of documents 1 20. General powers in proceedings 1 21. Evidence 1 22. Presentation of cases 1 23. Settlement by conciliation 1 24. Costs 1 25. Reservation of question of law 1 26. Finality of proceedings 1 Division 3 — Retaliatory action taken by lessor 26A. Retaliatory action 1 26B. Retaliatory action taken by lessor 1 Part IV — Residential tenancy agreements Division 1A — Form of residential tenancy agreement and associated documents 27A. Written residential tenancy agreement to be in approved form 1 27B. Information to be given to tenant by lessor 1 27C. Property condition report at start and end of tenancy 1 Division 1 — Rent and security bonds 27. Restriction on consideration for tenancy agreement 1 27AA. Residential tenancy must be offered for rent at fixed amount 1 28. Rent in advance 1 29. Security bonds 1 30. Variation of rent (except where calculated by reference to tenant's income) 1 31A. Variation of rent where calculated by reference to tenant's income 1 31B. When residential tenancy agreement is continuation of existing residential tenancy agreement 1 31. Increase in security bond 1 32. Limitation of excessive rents in certain circumstances 1 33. Duty to give receipt for rent 1 34A. Manner of payment of rent 1 34. Proper records of rent to be kept 1 35. Payment of rent by post‑dated cheques etc. prohibited 1 36. Apportionment of rent 1 Division 2 — General standard terms 38. Tenant's responsibility for cleanliness and damage 1 39. Tenant's conduct on premises 1 40. Vacant possession 1 41. Legal impediments to occupation as residence 1 42. Lessor's responsibility for cleanliness and repairs 1 43. Urgent repairs 1 44. Quiet enjoyment 1 45. Securing premises 1 46. Lessor's right of entry 1 48. Lessor to bear outgoings in respect of premises 1 49A. Lessor's and tenant's responsibilities in respect of public utility services 1 49. Right of tenant to assign or sub‑let 1 50. Vicarious responsibility of tenant for breach by other person lawfully on premises 1 Division 2A — Standard terms related to keeping pets 50A. Keeping pet at residential premises 1 50B. Request for consent to keep pet at premises 1 50C. Conditions for approval to keep pet at premises 1 50D. Grounds for refusing pet being kept at premises 1 50E. Lessor's application for approval to refuse consent to keep pet at premises 1 50F. Lessor's application for approval to impose conditions on consent to keep pet at premises 1 50G. Tenant's application for order that refusal not permitted 1 50H. Tenant's application for order that conditions imposed on consent are unreasonable 1 50I. Tenant responsible for pet 1 Division 2B — Standard terms related to modifications to premises Subdivision 1 — Modifications by tenant to prevent furniture from falling 50J. Tenant may attach furniture to wall for safety of child or person with disability 1 50K. Request for consent to make furniture safety modification 1 50L. Grounds for refusing tenant's request to make furniture safety modification 1 Subdivision 2 — Modifications by tenant to prevent entry to premises in circumstances of family violence 50M. Tenant may make prescribed modification to prevent entry in circumstances of family violence 1 Subdivision 3 — Minor modifications made by tenant 50N. Tenant may make minor modification to premises 1 50O. Request for approval to make minor modification 1 50P. Conditions for consent to make minor modification 1 50Q. Grounds for refusing tenant's request to make minor modification 1 50R. Refusal of consent to make modification needed for disability access prohibited 1 50S. Lessor's application for approval to refuse consent for minor modification 1 50T. Lessor's application for approval to impose conditions on consent for minor modification 1 50U. Tenant's application for order that refusal not permitted 1 50V. Tenant's application for order that conditions imposed on consent are unreasonable 1 Subdivision 4 — Other modifications 50W. When tenant may make other modifications to premises 1 50X. Lessor may make modification to premises 1 50Y. Request for approval to make modification 1 50Z. Refusal of consent to modification needed for disability access prohibited 1 Subdivision 5 — Tenant's responsibilities in relation to modifications to premises 50ZA. Purpose of Subdivision 1 50ZB. Tenant bears costs of modification and responsibility for repairs 1 50ZC. Modification to have regard to age and character of premises 1 50ZD. Tenant must remove modification and restore premises 1 50ZE. Tenant responsible for damage caused by making or removing modification or restoring premises 1 Division 3 — General 51. Tenant to be notified of lessor's name and address 1 52. Failure to pay rent with intention it be recovered from security bond 1 53. Tenant's name, place of employment and forwarding address 1 54. Lessor to deliver copy of agreement to tenant 1 55. Cost of written agreement to be borne by lessor 1 56. Discrimination against tenants with children 1 56A. Discrimination against tenants subjected or exposed to family violence 1 57. Accelerated rent and liquidated damages prohibited 1 58. Duty of mitigation 1 59A. Minors 1 59B. Death of one of 2 or more tenants 1 59C. Recognition of certain persons as tenants 1 59D. Tenant compensation bonds 1 59E. Interference with quiet enjoyment 1 59F. Offences relating to security of residential premises 1 Part V — Termination of residential tenancy agreements Division 1 — How residential tenancy agreements are terminated 60. How residential tenancy agreements and tenant's interests in agreements are terminated 1 Division 2 — Notices of termination 61. Form of notice of termination by lessor 1 62. Notice of termination by lessor upon ground of breach of term of agreement 1 63. Notice of termination by lessor who has entered into contract of sale 1 64. Notice of termination by lessor without any ground 1 65. Termination by lessor where s. 32 invoked 1 66. Notice by lessor not waived by acceptance of rent 1 67. Form of notice of termination by tenant 1 68. Notice of termination by tenant 1 69. Notice of termination by lessor or tenant where agreement frustrated 1 70A. Notice of termination by lessor or tenant at end of fixed term tenancy 1 70. Effect of notice of termination of periodic tenancy 1 Division 2A — Special provisions about terminating tenant's interest on grounds of family violence 71AA. Terms used 1 71AB. Notice of termination of tenant's interest on ground that tenant subject to family violence 1 71AC. Review of notice of termination under s. 71AB 1 71AD. Rights of co‑tenants after notice under s. 71AB 1 71AE. Termination of tenant's interest by court on grounds of family violence 1 71AF. Review of Division 1 Division 3 — Special provisions about terminating social housing tenancy agreements Subdivision 1 — Preliminary 71A. Terms used 1 71B. Application of Division 1 Subdivision 2 — Notice of termination where tenant not eligible for social housing premises 71C. Notice of termination by lessor on ground that tenant not eligible for social housing premises 1 71D. Assessment of tenants eligibility for social housing premises 1 71E. Criteria for assessing eligibility of tenants for social housing premises under s. 71D 1 71F. Review of decision to give notice on ground that tenant not eligible for social housing premises 1 71G. Time periods to be observed where notice of termination given under this Subdivision 1 Subdivision 3 — Notice of termination where tenant offered alternative social housing premises 71H. Notice of termination by lessor where tenant offered alternative social housing premises 1 71I. Review of decision to give notice on ground that tenant offered alternative social housing premises 1 71J. Time periods to be observed where notice of termination given under this Subdivision 1 Division 4 — Orders for termination of residential tenancy agreement 71. Application by lessor for termination and order for possession 1 72. Application for termination and order for possession in relation to fixed term agreements 1 73A. Notice of termination not required in certain cases 1 73. Termination of agreement where tenant causing serious damage or injury 1 74. Termination of agreement where lessor or tenant would otherwise suffer undue hardship 1 75A. Termination of social housing tenancy agreement due to objectionable behaviour 1 75. Termination of agreement for breach by lessor 1 76A. Termination of agreement by lessor if premises abandoned 1 76B. Dispute about s. 76A notice 1 Division 5 — General 76C. Fixed term tenancies continued as periodic tenancies 1 76. Compensation to lessor for holding over 1 77. Abandonment of premises 1 78A. Order about abandonment 1 78B. Review of abandonment order 1 78. Right of lessor to compensation where tenant abandons premises 1 79. Abandoned goods 1 80A. Abandoned documents 1 80. Recovery of possession of premises prohibited except by court order 1 81A. Mortgagee repossessions of rented properties 1 81B. Notice of proposed recovery of premises by person with superior title 1 81. Order for tenancy against person with superior title 1 Part VIA — Residential tenancy databases Division 1 — Preliminary 82A. Terms used 1 82B. Application of Part 1 Division 2 — Tenancy database information 82C. Notice of usual use of database 1 82D. Notice of listing if database used 1 82E. Listing can be made only for particular breaches by particular persons 1 82F. Further restriction on listing 1 82G. Ensuring quality of listing — lessor's or agent's obligation 1 82H. Ensuring quality of listing — database operator's obligation 1 82I. Providing copy of personal information listed 1 82J. Disputes about listings 1 82K. Keeping personal information listed 1 Part VI — Miscellaneous 82. Contracting out 1 83. Recovery of amounts paid under mistake of law or fact 1 84. Exemption of tenancy agreement or premises from provision of Act 1 85. Service 1 86. Court may refer matter to Commissioner for investigation 1 86A. Provisions imposing obligation to act on lessor or property manager 1 86B. Agency of lessor's property manager not limited 1 87A. Defence where lessor and property manager are both charged with the same offence 1 87. Time for bringing proceedings 1 88A. Infringement notices 1 88B. Cross‑examination of persons in proceedings involving family violence 1 88C. Approved forms 1 88. Regulations 1 90. Review of Act 1 Part 7 — Savings and transitional provisions Division 1 — Savings and transitional provisions relating to Residential Tenancies Amendment Act 2011 91. Savings in relation to contracting out of standard terms 1 92. Terms used 1 93. All security bonds to be transferred to bond administrator after renewal of agreement or within 18 months 1 94. Requirements for AFI holding security bonds 1 95. Power of Commissioner to obtain information relating to AFI security bond accounts 1 96. Disposal of security bond held in AFIs 1 97. Application of Part VIA to listings existing before commencement day 1 Division 2 — Transitional provision relating to Consumer Protection Legislation Amendment Act 2019 98. Application of s. 49A to residential tenancy agreements and utility charges 1 Division 3 — Transitional provisions relating to Residential Tenancies Amendment Act 2024 99. Variation of rent for fixed term residential tenancy agreement entered, renewed or extended before commencement 1 100. Variation of rent for residential tenancy agreement, other than fixed term agreement, entered before commencement 1 101. Application of Pt. 5A in relation to existing residential tenancy agreements 1 102. Existing authorised agents of bond administrator 1 103. Validation of r. 12BA and 12CA 1 Schedule 1 — Provisions relating to holding and disposal of bonds and income from bonds Division 1 — General 1. Term used: authorised agent 1 3. Rental Accommodation Account 1 4. Duties of bond administrator 1 Division 2 — Security bonds 5A. Security bond moneys to be paid to bond administrator 1 5. Disposal of security bond by bond administrator 1 8. Court may determine disposal of security bond 1 Division 3 — Tenant compensation bonds 9. Application of Division 1 10. Disposal of tenant compensation bond to tenant by bond administrator 1 11. Disposal of tenant compensation bond to lessor by bond administrator 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Residential Tenancies Act 1987 An Act to regulate the relationship of lessors and tenants under residential tenancy agreements, to consequentially amend certain Acts 1, and for connected purposes. [Long title amended: No. 60 of 2011 s. 4.]