While renting an apartment, it is better to check the terms and conditions and all the tenancy agreement clauses. That can save you time from future complications. If you live in Perth and have some problems with the owner, you can take measures up to a certain limit. But can renter withhold rent in Perth, Australia, in such cases?
Simply put, a renter cannot withhold rent in Perth, Australia, regardless of the problems. They can let the owner know if they have financial issues and get grace days to pay the rent.
Types of rent agreements in Perth, Australia
The renter has the right to deduct money from rent for the repairs that are the owner’s responsibility. However, it is better to check your tenancy agreement while checking the apartments for rent in Perth and decide if it is worth putting your efforts into the repairs or letting the owner handle it.
These don’t include agreements like rent to buy in Western Australia, which are a little different.
Short fixed-term lease
The short fixed-term lease allows you to stay in a house for up to five years before renewing the residential tenancy agreement. Since you stay in that place for a long time, take care of it as well as possible and attend to repairs quickly.
Long fixed-term lease
This lease entitles you to stay in the house for more than five years. However, you must follow the rules set by the owner in residential tenancies regarding changes in the house.
Since this lease has no end date, it is better to let the landlord handle everything. If they don’t pay attention to the repairs, you can pay the rent and leave at the end of the month.
Can a tenant withhold rent on a periodic lease?
No, the tenant has no right to withhold rent regardless of their lease agreement. The best they can do is to talk to their professional property manager if they have complications with the owner.
If you have unpaid rent, it will breach your contract, and the owner has the right to take legal action against you.
When can a tenant deduct money from the rent?
The tenant is responsible for the minor changes in the apartment. For example, it is up to the renter to fix non-urgent repairs like fans not working or some electrical outlets won’t work. However, if the rental property requires urgent repairs, the renter can take responsibility and deduct it before they pay rent.
Emergency repairs like serious roof leaks, broken toilet systems, gas leaks, and fire damage require immediate attention.
When can a tenant withhold rent?
There is only one option allowing a tenant to withhold rent, and that is a security bond. If you have paid a month’s rent in advance, you can withhold the rent of the last living month in the apartment. If the renter pays the rent and wants to leave, they can ask for a bond refund.
When does a guest become a tenant?
You must be wondering when a guest becomes a tenant. The answer is if they stay in that house for up to six months. The prospective buyers must clear this duration before signing the agreement.
How much notice should an owner give a tenant to empty the house?
That depends on the reason behind emptying the house. It would be better to add minimum notice periods in the fixed-term tenancy agreement to avoid future complications.
Frequently Asked Questions about renting in Perth(FAQs)
1. Can I withhold rent in WA?
No, you cannot withhold rent in WA. The best you can do is to claim bond allowing you to not pay rent for the last month you’ll live in the house.
2. Can you withhold rent in Australia?
There are no rights allowing the renter to withhold rent in Australia. However, you can add clauses allowing you to withhold rent if the repairs are more expensive.
3. What are my rights as a tenant in Western Australia?
You are responsible for keeping the property clean and tidy and for general household maintenance.
4. What are renters’ rights in Australia?
Renters have the right to get a place that is fit to live in with good security and minimum repairs. Also, the owner should be ready to refund the rental bond, and the claiming bond process must be quick and easy.
5. How long does it take to evict a tenant in Western Australia?
The landlord must issue a notice after 14 days of unpaid rent, and if there is no answer, the landlord can take legal action against them.
6. What can I do if my landlord won’t fix things in Australia?
The best is to fix them yourself and deduct the money from the rent.
7. What laws are there to protect tenants?
The Queensland Residential Tenancies Authority protects tenants from landlords if the owner doesn’t provide what was stated in the contract.
8. What rights do tenants have?
Basic tenant rights include privacy and a good and habitable home with a healthy and safe environment and a discrimination-free process.
Conclusion: can renter withhold rent in Perth, Australia?
If you want to avoid complications with the landlord, respect the terms in the lease agreement. And if you’re on the lookout for another rental, let Soho help you find the best places for rent in Perth, Australia.