Western Australian Numbered Acts Western Australian Numbered Acts At the end of Part IV
insert:
(1) In this
section —
minor means a person who has reached 16 years
of age but who has not reached 18 years of age.
(2) Despite any other
law in force in this State —
(a) a
minor has the capacity to enter into a residential tenancy agreement as a
tenant; and
(b) a
residential tenancy agreement may be enforced in accordance with this Act
against a minor who is a tenant.
59B. Death of one of 2 or more tenants
(1) This section
applies if —
(a) 2 or
more tenants are parties to a residential tenancy agreement; and
(b) the
tenants are not joint tenants under the agreement; and
(c) one
of the tenants dies.
(2) On the death of
the tenant —
(a) the
deceased tenant’s interest in the tenancy ends; and
(b) the
agreement continues in force with the parties to the agreement being the
lessor and the surviving tenant or tenants.
(3)
Subsection (2) does not affect, as between the deceased tenant and the
surviving tenant or tenants, any right (including, in particular, a right
relating to a security bond) or liability of the deceased tenant existing
immediately before the deceased tenant’s death.
59C. Recognition of certain persons as tenants
(1) A person who is
not a tenant but who is occupying residential premises to which a residential
tenancy agreement applies may apply to a competent court to be recognised as a
tenant under the agreement or to be joined as a party to any proceedings
before the court relating to the premises, or both.
(2) An application by
a person to be recognised as a tenant may be made at the same time as any
other application or during proceedings before the court or independently of
any such other application or proceedings.
(3) On application by
a person under this section the court may make either or both of the following
orders —
(a) an
order recognising the person as a tenant under a residential tenancy agreement
and in that case the person is to be taken, for the purposes of this or any
other Act and of the agreement, to be a tenant under the agreement;
(b) an
order joining the person as a party to proceedings.
(4) In making an order
referred to in subsection (3)(a) the court may order that the tenancy be
continued on such of the terms and conditions of the residential tenancy
agreement as it thinks are appropriate having regard to the circumstances of
the case.
59D. Tenant compensation bonds
(1) In this
section —
tenant compensation order means an order under
section 15(2)(b) in relation to a failure by a lessor to reimburse a
tenant for reasonable expenses incurred by the tenant in arranging for urgent
repairs to be carried out, and paying for those repairs, in accordance with
section 43.
(2) A court that makes
a tenant compensation order against a lessor may make a further order
requiring the lessor to pay to the bond administrator a tenant compensation
bond to cover any future tenant compensation orders that might be made against
the lessor in respect of —
(a) a
particular tenant or particular residential premises of the lessor; or
(b) any
tenant or residential premises of the lessor.
(3) The tenant
compensation bond is to be an amount determined by the court.
(4) The lessor may
apply to the court for an order that the whole or part of a tenant
compensation bond is to be paid back to the lessor.
(5) The court may make
the order referred to in subsection (4) if it is satisfied that it is
appropriate in the circumstances to do so.
(6) The bond
administrator must pay the amount of the tenant compensation bond in
accordance with —
(a)
Schedule 1 clause 10; or
(b) an
order under subsection (5) and Schedule 1 clause 11.
59E. Interference with quiet enjoyment
(1) A lessor who
causes or permits interference with the reasonable peace, comfort or privacy
of the tenant in the tenant’s use of the premises commits an offence.
Penalty: a fine of $10 000.
(2) The liability of a
person in civil proceedings is not affected by the commencement of proceedings
against the person for an offence under subsection (1) or the conviction
of the person in proceedings for the offence.
59F. Offences relating to security of residential
premises
(1) A lessor or tenant
who breaches the term referred to in section 45(b) without reasonable
excuse commits an offence.
Penalty: a fine of $20 000.
(2) A property manager
of residential premises who, without reasonable excuse alters, removes or adds
a lock or other means of securing the residential premises without the consent
of the tenant given at, or immediately before, the time that the alteration,
removal or addition is carried out, in addition to any civil liability that
the property manager might incur, commits an offence.
Penalty: a fine of $20 000.
(3) The liability of a
person in civil proceedings is not affected by the commencement of proceedings
against the person for an offence under this section or the conviction of the
person in proceedings for the offence.