Western Australian Current Acts

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27 .         Restriction on consideration for tenancy agreement

        (1)         Subject to subsection (2), a person shall not require or receive from a tenant any monetary amount for or in relation to a residential tenancy agreement other than rent and a security bond.

        Penalty for this subsection: a fine of $5 000.

        (2)         Subsection (1) does not apply to —

            (a)         any amount, not exceeding a prescribed amount, required or received as consideration for an option to enter into a residential tenancy agreement if —

                  (i)         upon the option being exercised, the amount is refunded in cash or applied towards the rent payable under the agreement; or

                  (ii)         upon the option being refused, and within 7 days of the decision to refuse the option, the amount is refunded in cash, by electronic means or in any other prescribed way;


            (b)         any amount that the lessor is authorised by any other provision of this Act to require or receive; and

        [(c)         deleted]

            (d)         any other payment of a prescribed class.

        [Section 27 amended: No. 59 of 1995 s. 46 and 55; No. 60 of 2011 s. 23 and 89; No. 3 of 2019 s. 25.]

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