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The Landlord & Tenant Law in Perth, Australia primarily falls under the Residential Tenancies Act of 1987. This law applies to most aspects of residential tenancies including leases, rents, bonds, repairs, maintenance, and how disputes are resolved. It sets out the rights and responsibilities of both landlords and tenants to ensure fair and equal treatment for all parties involved. The law covers a variety of rented accommodations including private rentals, public housing, and community housing.
Legal help may become necessary when disputes arise between landlords and tenants. Common situations may include disagreements over rental increases, bond claims, repairs and maintenance issues, and eviction proceedings. A lawyer's expertise can provide clarity and guidance in such scenarios and ensure all resolutions are in line with respective rights and responsibilities under the law. Lawyers can also assist in negotiating lease agreements to safeguard against potential disputes in the future.
The fundamental aspects of the Residential Tenancies Act in Perth are concerned with security of tenure, limiting rental increases to once a year, setting fair procedures for eviction, and ensuring rented properties meet basic physical standards. Additionally, landlords must lodge bond money with the Bond Administrator, provide receipts for rent paid, and cannot enforce 'no pet' policies. Tenants, on the other hand, must keep the property reasonably clean, refrain from causing nuisance to neighbours, and report any need for urgent repairs to the landlord.
1. Can a landlord increase rent whenever they want?
No, in Perth, landlords can only increase rent once every 12 months and must provide notice at least 60 days in advance.
2. What happens if a tenant fails to keep the property clean?
A landlord may issue a breach notice, and if the issue isn't rectified, the landlord may apply to the court for an eviction order.
3. Can a landlord just evict a tenant without reason?
No, a landlord must have a valid reason under the Residential Tenancies Act, such as rent arrears or property damage, and must provide proper notice.
4. Who is responsible for repairs and maintenance?
In general, landlords are responsible for keeping the property in a reasonable state of repair, while tenants are responsible for reporting any need for repairs.
5. Can tenants have pets in the property?
Yes, under new regulations effective as of 20 September 2019, landlords can no longer have a blanket 'no pet' policy. They can, however, refuse on reasonable grounds.
There are several organizations that can provide further assistance and guidance. These include the Western Australia Department of Commerce, which oversees residential tenancies; the Tenancy WA, which provides legal advice for tenants; and the Real Estate Institute of Western Australia, which offers information for landlords.
If you require legal assistance in these matters, you should seek advice from a professional experienced in Landlord & Tenant Law. You can contact the Law Society of Western Australia for a referral. Remember to check the qualifications of any legal professional you engage with and ensure they have specific experience in the area of Landlord & Tenant law.
