NPP Property Group



Phone: (08) 6161 2555
7B Links Road, Ardross, WA 6153


Information For Tenants

Source: Residential Tenancies Act 1987

(1) RESIDENTIAL TENANCIES ACT
 
The Residential Tenancies Act 1987 and the Residential Tenancies Regulations 1989, deal with residential tenancy agreements. The main provision of the Act and Regulations relating to the lessors’ and tenants’ rights and duties are summarised below. Full details may be read in the Act and Regulations, copies of which can be purchased from the WA State Law Publishers (Ground Floor, 10 William Street, Perth, WA 6000)
 
(2) ADVICE, COMPLAINTS AND DISPUTES
Ministry of Fair Trading
 
The Act allows the commissioner for Consumer Affairs to give advice to parties to a residential tenancy agreement, to look into complaints and wherever possible, help to settle them. The Ministry of Fair Trading may be contacted by telephone or by visiting the Ministry’s main office in Perth or in Albany, Bunbury, Geraldton, Kalgoorlie or Karratha.
 
The tenant should generally approach the lessor or his managing agent to solve any problem before approaching the Ministry of Fair Trading. The Ministry’s role is one of mediation and conciliation. It cannot issue orders or make determinations in respect of disputes.
 
Small Disputes Division of the Local Court
 
If a dispute between a lessor and a tenant has to be decided by court it must normally be referred to the Small Disputes Division of the Local Court nearest to the rented premises. There are Local Courts in most major centres throughout the State.
 
However, if a person is claiming more than $6,000 the claim must be brought in the General Division of the Local Court, unless all parties agree to it being dealt with by the Small Disputes Division.
 
(3) AGREEMENTS THAT BY-PASS THE ACT
 
The Act permits the lessor and the tenant to contract out of some parts of the Act if the tenancy agreement is in writing and signed by the lessor and the tenant. This applies to the clauses and paragraphs marked below with an asterisk *.
 
In addition a magistrate may make an order excluding or varying a provision of the Act. Apart from these cases it is an offence (maximum fine $2,000) to make an agreement that includes anything that is contrary to the provisions of the Act.
 
(4) INFORMATION TO BE GIVEN
 
The LESSOR or the LESSOR’S MANAGING AGENT must give to the tenant:
(a)           a copy of this form or booklet, before or at the time the tenancy agreement is entered into;
(b)           a copy of any written tenancy agreement at the time it is signed by the tenant; and
(c)           a further copy of any written tenancy agreement after it has been signed by both parties normally within 21 days after the date when the agreement is signed and delivered by the tenant. A lessor who is an individual must ensure that the tenant is notified in writing of the full name and address of the lessor and of any head lessor. If the premises are managed by a licensed real estate agent, a lessor can notify the tenant of the agent’s address instead of the lessor’s address.
 
A lessor that is a corporation must ensure that the tenant is notified in writing of the name and address of the secretary of the corporation. 
 
If ownership of the premises changes during the tenancy, these requirements also apply to the new property lessor.
 
A tenant must be notified in writing within 14 days of any change in the details previously notified by the lessor.
 
A TENANT must –
 
(a)        not give a false name or place of occupation;
(b)        notify the lessor of any change of the tenant’s place of occupation during the tenancy; and
(c)        give the lessor a forwarding address at the end of the tenancy
 
 
(5) USE OF THE PREMISES
The LESSOR must make sure that –
 
*(a)       on the day on which it is agreed that the tenant will move in, the premises are vacant;
*(b)       the tenant has quiet enjoyment of the premises, which means that the lessor must not interfere with the tenant’s privacy or use of the premises. This does not apply to situation where the lessor is exercising their right of entry
 
The TENANT must not –
*(a)       use the premises or permit them to be used for any illegal purpose; or
*(b)       do anything on the premises or permit someone else entering the premises with the tenant’s permission to do anything on them that causes a nuisance

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