Landlord Rights in WA: Rental Laws, Responsibilities, and Recent Changes

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The Insider @ Houst
Last updated on
August 2, 2023
February 6, 2024

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Landlord Rights in WA: Rental Laws, Responsibilities, and Recent Changes

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As a landlord in Western Australia, delving into the realm of rental laws can be both complex and pivotal. Familiarising yourself with the diverse spectrum of regulations governing residential tenancies and property management is imperative to ensure a seamless experience as a property owner in this region.

In this guide, we will explore landlord rights WA, shedding light on key aspects that could significantly impact you as a landlord. From deciphering residential tenancy laws to effectively managing property condition reports, arming yourself with this knowledge will shield you from potential legal entanglements and empower you to optimise your rental property ventures.

Table of Contents

Understanding Residential Tenancy Laws

In the dynamic world of rental property ownership, comprehension of residential tenancy laws is paramount. These laws encapsulate many critical elements, ranging from tenant rights and obligations to landlord responsibilities. Familiarising yourself with these landlord rights WA and obligations is ethically commendable and essential to ensure a harmonious landlord-tenant relationship. Moreover, staying informed about the legal requirements regarding rental agreements, security deposits, and termination notices can prevent inadvertent legal repercussions.

Understanding Residential Tenancy Laws in Western Australia

WA Rental Laws

WA rental laws also come into play when terminating tenancy agreements. Understanding the legal framework is essential when dealing with fixed-term leases or disputes between tenants and landlords. Fixed-term leases have specific rules and procedures for termination, while periodic tenancies have their own set of regulations.

If disputes arise between tenants and landlords regarding the termination of the tenancy, WA rental laws offer guidance on handling such situations, providing a framework for a fair resolution. 

Another critical area governed by rental laws in Western Australia is the treatment of the rental property. These laws outline who can use the property's facilities and what activities are permissible. They also address issues related to maintenance, repairs, and tenant responsibilities to ensure the property is well-preserved and cared for during the tenancy.

Rights and Responsibilities

Western Australian rental laws are undergoing significant changes to address the needs of long-term renters. Key legislation, the 1987 Residential Tenancies Act, is being updated to protect property owners and tenants' rights. While these shifts occur, certain fundamental rights and responsibilities remain unchanged. Let's explore the core rights and responsibilities of landlords:

Core Rights and Responsibilities of Landlords in WA

Landlords' Responsibilities

Providing Essential Information

Landlords must provide tenants with lease agreements and other tenancy documents. This ensures transparency and clarity regarding the terms and conditions of the rental arrangement.

Securing Bond Money

Landlords must place the tenant's bond money with the Bond Administrator, as the law mandates. The bond is refundable if the property is in good condition and obligations are met.

Timely Repairs and Maintenance

Maintaining the rental property in a habitable condition remains a key responsibility for landlords. This involves promptly addressing and completing necessary repairs to ensure the property's safety and liveability.

Proper Notice for Inspections and Rent Increases

Landlords must give tenants adequate notice before conducting property inspections or implementing rent increases. This advance notice allows tenants to prepare and plan accordingly.

Rental Applications and Lease Signing

Renting in Western Australia? Get your tenancy agreement right. It's a vital contract that outlines your landlord rights WA. Avoid disputes by minimising ambiguities.

Clarity in Tenancy Agreements

A well-drafted tenancy agreement should leave no room for confusion. Clearly stating the rights and responsibilities of both the tenant and landlord is essential. This includes specifying the rental amount, duration of the tenancy, rules governing property usage, and the procedure for addressing rent increases or taking on new tenants.

Having the support of a knowledgeable real estate agent during this process can be immensely beneficial. Real estate agents are well-versed in consumer protection and tenancy laws, ensuring that all legal requirements are met. Their expertise allows you to anticipate and proactively avoid any potential problems during the tenancy.

Disputes and Evictions

In Western Australia, rental laws provide clear guidelines for ending tenancies and resolving disputes. Property owners must give tenants 60 days' notice to end a periodic tenancy and 30 days' notice to end a fixed-term lease. Landlords don't need to give a reason. Stay informed of changes to rental laws. Tenant advocates advocate for rental law changes that may require property owners to present justifications for termination, such as selling the property or providing housing for a family member.

Specific Requirements of Landlords in WA

As a landlord in Western Australia, it's essential to familiarise yourself with the responsibilities of your tenants in the state. You must provide tenants with a copy of the 'Schedule 2- Information for Tenants (A Statement of your Rights and Duties)' along with the rental agreement. This document outlines the rights and obligations of tenants under the rental laws in WA, ensuring they are well-informed and compliant.

Apart from providing the necessary documents, landlords should take the time to review the guide themselves. 'Schedule 2' offers valuable insights into tenant responsibilities, covering various aspects such as discrimination, appropriate use of the premises, rent payments, and the landlord's right of entry. 

Changes in WA’s Rental Laws - Empowering Landlords and Tenants

Changes in WA’s Rental Laws

The short term lets landscape in Western Australia is undergoing significant changes, bringing notable shifts for both landlords and tenants. Some of the major changes include:

Rent Increase Frequency

Previously, landlords could increase rents twice a year. New regulations limit rent increases to once per year, providing stability for tenants.

Pet-Friendly Tenancies

In most cases, tenants can have pets in short term rentals. Landlords who wish to prohibit pets will need to apply to the Commissioner for Consumer Protection and demonstrate reasonable grounds for doing so.

Minor Modifications

Renters can make small changes to the rental property if they need to. But they might have to change it back to the original condition when they move out, depending on certain conditions.

Landlord Consent for Modifications

Landlords can only refuse consent for tenant modifications on certain grounds, promoting a more balanced approach to property alterations.

Streamlined Security Bond Release

The process for releasing security bonds will be streamlined, simplifying and expediting the return of bonds to tenants at the end of their tenancy.

Dispute Resolution

The Commissioner for Consumer Protection will handle disputes over security bonds and other rental-related matters, providing a more structured and efficient resolution process.

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Houst is a leading property rental management company that is dedicated to empowering landlords and property owners with unparalleled expertise and services. With Houst by your side, you can confidently unlock the full potential of your rental property, maximising Airbnb revenue, and streamlining operations. Whether you have a single property or a diverse property portfolio, Houst offers tailored solutions to suit your unique needs. From tenant acquisition and screening to property maintenance and rent collection, their team of seasoned professionals ensures a seamless and hassle-free rental experience for both landlords and tenants. 

With a deep understanding of the local rental market and extensive industry experience, Houst uses data-driven strategies to optimise rental prices, minimise vacancies, and enhance the overall profitability of your investment. Get Houst Franchise Partnership now! 

The Insider @ Houst

The Insider @ Houst

The Insider team at Houst is dedicated to providing up-to-date and relevant information on short-term rentals. If you have hosting inquiries, please write to us at expert@houst.com. For guest inquiries, reach out at guest@houst.com. We are here to help you navigate the world of short lets and look forward to assisting you with your needs.

The Insider @ Houst

The Insider @ Houst

The Insider team at Houst is dedicated to providing up-to-date and relevant information on short-term rentals. If you have hosting inquiries, please write to us at expert@houst.com. For guest inquiries, reach out at guest@houst.com. We are here to help you navigate the world of short lets and look forward to assisting you with your needs.

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"I have a philosophy in life called keep it simple. I don't live to work, I work to live. This is the first time I've leased this property on Airbnb. A house allows me to have vision of all the revenue and all the expenses associated with the apartment. They work as a well-oiled machine. They strive very hard to keep both myself and the tenants happy."

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David
Account Manager

"I have a philosophy in life called keep it simple. I don't live to work, I work to live. This is the first time I've leased this property on Airbnb. A house allows me to have vision of all the revenue and all the expenses associated with the apartment. They work as a well-oiled machine. They strive very hard to keep both myself and the tenants happy."

Jules
Sales Director

"Honestly, if I didn't have Houst, I don't think I'd have this house anymore. With Houst's help, I can focus on my busy life while they manage my Airbnb listing. Guests call this place the 'magic cottage', and Houst makes it possible to share its special charm without any stress."

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