WA Tenancy Agreement – Understand the Basics

October 18, 2023
wa tenancy agreement

Key takeaways:

  • Understanding and Adhering to the Agreement: Both landlords and tenants must meticulously understand and adhere to the WA tenancy agreement, ensuring that rights and responsibilities are upheld.
  • Navigating Through Disputes and Repairs: Understanding the processes for navigating through disputes and requesting repairs is crucial for maintaining a harmonious landlord-tenant relationship.
  • Compliance is Key: Ensuring that the tenancy is conducted in compliance with the Residential Tenancies Act 1987 is pivotal for a lawful and ethical tenancy.

A WA tenancy agreement outlines aspects such as rent, bond, lease duration, and more, providing a structured guideline to adhere to throughout the tenancy.

In Western Australia, all tenancy agreements must not only be in writing but also use the prescribed Residential Tenancy Agreement form (Form 1AA), available on the Department of Mines, Industry Regulation and Safety (DMIRS) website.

It’s imperative that landlords furnish tenants with a copy of the tenancy agreement alongside the Residential Tenancies Act 1987 prior to the commencement of the tenancy, safeguarding transparency and understanding from the onset.

Rent and Bond in the WA Tenancy Agreement

The WA tenancy agreement, mandated to be in writing, uses the Form 1AA – a standardized form that ensures consistency and adherence to the stipulations outlined by the Department of Mines, Industry Regulation and Safety.

Rent and bond specifications, two crucial aspects, are distinctly outlined in the agreement. The stipulated rent amount, its payment frequency, and the bond – a security deposit held by the Bond Administrator – are clearly defined, providing a transparent financial framework for the tenancy.

“The bond, subject to deductions for any unpaid rent or property damage, is typically returned to the tenant upon the tenancy’s conclusion.”

The length of the lease, whether it’s a periodic or fixed-term tenancy, is also distinctly specified. For tenants interested in bringing in a roommate or family member later, it’s worth understanding the process of adding a tenant to a lease.

Rights and Responsibilities of Landlords and Tenants

wa tenancy agreement

Navigating through a tenancy involves understanding and respecting the rights and responsibilities of both landlords and tenants, as stipulated by the WA Residential Tenancies Act 1987.

Tenants, for instance, are entitled to a safe, habitable home, privacy, timely repairs, fair treatment, and the assurance of not being evicted without a valid reason.

Conversely, landlords, while entitled to receive rent and have their property respected, are obligated to ensure the property is in a state of good repair and that they respect the tenant’s peace and privacy.

Tenancy advice in WA can provide clarity regarding these mutual obligations.

Lease Types: Fixed vs Periodic Tenancy

Understanding the nuances between periodic and fixed-term tenancies is crucial for both landlords and tenants.

A periodic tenancy, devoid of a specified end date, continues until either party decides to terminate it, providing a degree of flexibility.

On the other hand, a fixed-term tenancy, with its predefined tenure, offers stability and assurance for both parties, ensuring that the property is leased for a specified duration.

Bond Payments: Security for Both Parties

The bond, a quintessential component of the WA tenancy agreement, serves as a security deposit, safeguarding the interests of both landlords and tenants.

This payment, held by the Bond Administrator, is typically equivalent to four weeks’ rent, though it may vary based on the agreement.

At the tenancy’s conclusion, it is returned to the tenant, subject to deductions for any outstanding rent or damages incurred during the tenancy. The bond, therefore, acts as a financial safety net, ensuring that both parties are safeguarded against potential financial discrepancies or property damages.

Repairs and Maintenance: Ensuring a Habitable Space

The residential tenancy agreement should clearly outline the processes and protocols for requesting repairs and maintenance, ensuring that tenants are aware of the steps to take should an issue arise.

This not only ensures that the property is maintained but also that the tenant’s right to a safe and habitable residence is upheld.

Eviction: A Process Governed by Law

wa tenancy agreement Residential Tenancies Act 1987

Evictions, while undesirable, are sometimes an inevitable aspect of tenancy and are governed by specific laws and regulations in Western Australia. Landlords must adhere to the stipulated notice periods and legal processes, ensuring that evictions are conducted lawfully and ethically.

Tenants, on the other hand, have the right to contest an eviction if they believe it to be unjust, ensuring that their rights are protected.

Understanding the circumstances under which an eviction can occur, the required notice periods, and the legalities involved is crucial for both landlords and tenants, ensuring that the process, if it occurs, is conducted fairly and lawfully.

Suggested reading: Knowledge is power, especially when it comes to renting a home. Empower yourself with our Renters Rights: What You Should Know guide.

FAQs on WA Tenancy Agreement

What are my rights as a tenant in Western Australia?

A: As a tenant in Western Australia, you have a number of rights, including the right to:

  • A safe and habitable home
  • Privacy and quiet enjoyment of your home
  • Have repairs carried out
  • Be treated fairly and with respect
  • Not be evicted without a valid reason

How do I end a tenancy agreement in WA?

To end a tenancy agreement in WA, you must give your landlord written notice. The amount of notice you need to give depends on the type of tenancy agreement you have. For periodic tenancies, you must give at least 60 days’ notice. For fixed-term tenancies, you must give at least 90 days’ notice.

You can find more information on how to end a tenancy agreement on the DMIRS website.

Can a tenant break a lease in WA?

Yes, a tenant can break a lease in WA, but they may have to pay compensation to the landlord. The amount of compensation payable will depend on the circumstances of the case.

You can find more information on breaking a lease on the DMIRS website.

Can you evict tenants in WA?

Yes, you can evict tenants in WA, but only for certain reasons, such as if the tenant has breached the terms of the tenancy agreement or if you want to sell the property. To evict a tenant, you must give them written notice and then apply to the Magistrates Court for an eviction order.

You can find more information on evicting tenants on the DMIRS website.

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