RESIDENTIAL TENANCIES ACT 1987

Western Australian Current Acts

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RESIDENTIAL TENANCIES ACT 1987

TABLE OF PROVISIONS

Long Title

PART I -- Preliminary

1. Short title
2. Commencement
3. Terms used
3A. References to residential premises or premises
4. Position of Crown
5. Application of Act
6. Modification of application of Act by regulation
7. Transitional provisions relating to commencement of this Act

PART II -- Administration

7A. Commissioner
8. Functions of Commissioner
9. Commissioner may institute or defend proceedings for party
10. Delegation
11. Protection from liability
11AA. Disclosure of bond information
11A. Information officially obtained to be confidential
11B. Powers of investigation

PART III -- Determination of disputes

Division 1 -- Provisions relating to applications made or referred to Commissioner

11C. Application of Division
11D. Parties to application
11E. Disputed tenancy matters
11F. Notice of application and invitation to make submissions
11G. Commissioner may require further information
11H. False or misleading information
11I. Deciding application
11J. Notice of Commissioner’s decision
11K. Commissioner may publish decision and reasons
11L. Commissioner may decline to decide application and refer parties to Magistrates Court

Division 2 -- Disputes determined by the Magistrates Court

12. Terms used
12A. Jurisdiction over prescribed disputes
13. Jurisdiction over other disputes
13A. Magistrates Court’s jurisdiction
13B. Appeals from decisions of registrar
13C. Appeals from decisions of Commissioner
14. Time for determination of proceedings
15. Applications for relief and orders that may be made
16. Enforcement
17A. Disputes between tenants
17B. Determination of rights and liabilities after termination of tenant’s interest on grounds of family violence
17. Application to vary or set aside order
18. Form of applications and notice of hearing
19. Witnesses and inspection of documents
20. General powers in proceedings
21. Evidence
22. Presentation of cases
23. Settlement by conciliation
24. Costs
25. Reservation of question of law
26. Finality of proceedings

Division 3 -- Retaliatory action taken by lessor

26A. Retaliatory action
26B. Retaliatory action taken by lessor

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
27B. Information to be given to tenant by lessor
27C. Property condition report at start and end of tenancy

Division 1 -- Rent and security bonds

27. Restriction on consideration for tenancy agreement
27AA. Residential tenancy must be offered for rent at fixed amount
28. Rent in advance
29. Security bonds
30. Variation of rent (except where calculated by reference to tenant’s income)
31A. Variation of rent where calculated by reference to tenant’s income
31B. When residential tenancy agreement is continuation of existing residential tenancy agreement
31. Increase in security bond
32. Limitation of excessive rents in certain circumstances
33. Duty to give receipt for rent
34A. Manner of payment of rent
34. Proper records of rent to be kept
35. Payment of rent by post-dated cheques etc. prohibited
36. Apportionment of rent

Division 2 -- General standard terms

38. Tenant’s responsibility for cleanliness and damage
39. Tenant’s conduct on premises
40. Vacant possession
41. Legal impediments to occupation as residence
42. Lessor’s responsibility for cleanliness and repairs
43. Urgent repairs
44. Quiet enjoyment
45. Securing premises
46. Lessor’s right of entry
48. Lessor to bear outgoings in respect of premises
49A. Lessor’s and tenant’s responsibilities in respect of public utility services
49. Right of tenant to assign or sub-let
50. Vicarious responsibility of tenant for breach by other person lawfully on premises

Division 2A -- Standard terms related to keeping pets

50A. Keeping pet at residential premises
50B. Request for consent to keep pet at premises
50C. Conditions for approval to keep pet at premises
50D. Grounds for refusing pet being kept at premises
50E. Lessor’s application for approval to refuse consent to keep pet at premises
50F. Lessor’s application for approval to impose conditions on consent to keep pet at premises
50G. Tenant’s application for order that refusal not permitted
50H. Tenant’s application for order that conditions imposed on consent are unreasonable
50I. Tenant responsible for pet

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
50K. Request for consent to make furniture safety modification
50L. Grounds for refusing tenant’s request to make furniture safety modification

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

Subdivision 3 -- Minor modifications made by tenant

50N. Tenant may make minor modification to premises
50O. Request for approval to make minor modification
50P. Conditions for consent to make minor modification
50Q. Grounds for refusing tenant’s request to make minor modification
50R. Refusal of consent to make modification needed for disability access prohibited
50S. Lessor’s application for approval to refuse consent for minor modification
50T. Lessor’s application for approval to impose conditions on consent for minor modification
50U. Tenant’s application for order that refusal not permitted
50V. Tenant’s application for order that conditions imposed on consent are unreasonable

Subdivision 4 -- Other modifications

50W. When tenant may make other modifications to premises
50X. Lessor may make modification to premises
50Y. Request for approval to make modification
50Z. Refusal of consent to modification needed for disability access prohibited

Subdivision 5 -- Tenant’s responsibilities in relation to modifications to premises

50ZA. Purpose of Subdivision
50ZB. Tenant bears costs of modification and responsibility for repairs
50ZC. Modification to have regard to age and character of premises
50ZD. Tenant must remove modification and restore premises
50ZE. Tenant responsible for damage caused by making or removing modification or restoring premises

Division 3 -- General

51. Tenant to be notified of lessor’s name and address
52. Failure to pay rent with intention it be recovered from security bond
53. Tenant’s name, place of employment and forwarding address
54. Lessor to deliver copy of agreement to tenant
55. Cost of written agreement to be borne by lessor
56. Discrimination against tenants with children
56A. Discrimination against tenants subjected or exposed to family violence
57. Accelerated rent and liquidated damages prohibited
58. Duty of mitigation
59A. Minors
59B. Death of one of 2 or more tenants
59C. Recognition of certain persons as tenants
59D. Tenant compensation bonds
59E. Interference with quiet enjoyment
59F. Offences relating to security of residential premises

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

Division 2 -- Notices of termination

61. Form of notice of termination by lessor
62. Notice of termination by lessor upon ground of breach of term of agreement
63. Notice of termination by lessor who has entered into contract of sale
64. Notice of termination by lessor without any ground
65. Termination by lessor where s. 32 invoked
66. Notice by lessor not waived by acceptance of rent
67. Form of notice of termination by tenant
68. Notice of termination by tenant
69. Notice of termination by lessor or tenant where agreement frustrated
70A. Notice of termination by lessor or tenant at end of fixed term tenancy
70. Effect of notice of termination of periodic tenancy

Division 2A -- Special provisions about terminating tenant’s interest on grounds of family violence

71AA. Terms used
71AB. Notice of termination of tenant’s interest on ground that tenant subject to family violence
71AC. Review of notice of termination under s. 71AB
71AD. Rights of co-tenants after notice under s. 71AB
71AE. Termination of tenant’s interest by court on grounds of family violence
71AF. Review of Division

Division 3 -- Special provisions about terminating social housing tenancy agreements

Subdivision 1 -- Preliminary

71A. Terms used
71B. Application of Division

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
71D. Assessment of tenants eligibility for social housing premises
71E. Criteria for assessing eligibility of tenants for social housing premises under s. 71D
71F. Review of decision to give notice on ground that tenant not eligible for social housing premises
71G. Time periods to be observed where notice of termination given under this Subdivision

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
71I. Review of decision to give notice on ground that tenant offered alternative social housing premises
71J. Time periods to be observed where notice of termination given under this Subdivision

Division 4 -- Orders for termination of residential tenancy agreement

71. Application by lessor for termination and order for possession
72. Application for termination and order for possession in relation to fixed term agreements
73A. Notice of termination not required in certain cases
73. Termination of agreement where tenant causing serious damage or injury
74. Termination of agreement where lessor or tenant would otherwise suffer undue hardship
75A. Termination of social housing tenancy agreement due to objectionable behaviour
75. Termination of agreement for breach by lessor
76A. Termination of agreement by lessor if premises abandoned
76B. Dispute about s. 76A notice

Division 5 -- General

76C. Fixed term tenancies continued as periodic tenancies
76. Compensation to lessor for holding over
77. Abandonment of premises
78A. Order about abandonment
78B. Review of abandonment order
78. Right of lessor to compensation where tenant abandons premises
79. Abandoned goods
80A. Abandoned documents
80. Recovery of possession of premises prohibited except by court order
81A. Mortgagee repossessions of rented properties
81B. Notice of proposed recovery of premises by person with superior title
81. Order for tenancy against person with superior title

PART VIA -- Residential tenancy databases

Division 1 -- Preliminary

82A. Terms used
82B. Application of Part

Division 2 -- Tenancy database information

82C. Notice of usual use of database
82D. Notice of listing if database used
82E. Listing can be made only for particular breaches by particular persons
82F. Further restriction on listing
82G. Ensuring quality of listing -- lessor’s or agent’s obligation
82H. Ensuring quality of listing -- database operator’s obligation
82I. Providing copy of personal information listed
82J. Disputes about listings
82K. Keeping personal information listed

PART VI -- Miscellaneous

82. Contracting out
83. Recovery of amounts paid under mistake of law or fact
84. Exemption of tenancy agreement or premises from provision of Act
85. Service
86. Court may refer matter to Commissioner for investigation
86A. Provisions imposing obligation to act on lessor or property manager
86B. Agency of lessor’s property manager not limited
87A. Defence where lessor and property manager are both charged with the same offence
87. Time for bringing proceedings
88A. Infringement notices
88B. Cross-examination of persons in proceedings involving family violence
88C. Approved forms
88. Regulations
90. Review of Act

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
92. Terms used
93. All security bonds to be transferred to bond administrator after renewal of agreement or within 18 months
94. Requirements for AFI holding security bonds
95. Power of Commissioner to obtain information relating to AFI security bond accounts
96. Disposal of security bond held in AFIs
97. Application of Part VIA to listings existing before commencement day

Division 2 -- Transitional provision relating to Consumer Protection Legislation Amendment Act 2019

98. Application of s. 49A to residential tenancy agreements and utility charges

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
100. Variation of rent for residential tenancy agreement, other than fixed term agreement, entered before commencement
101. Application of Pt. 5A in relation to existing residential tenancy agreements
102. Existing authorised agents of bond administrator
103. Validation of r. 12BA and 12CA
SCHEDULE 1 -- Provisions relating to holding and disposal of bonds and income from bonds

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