When you rent a house, you have a lot of rights and responsibilities. KCLS lawyers can help you if your rights are being ignored or breached by your landlord.
Your Rights When Renting a House
To have a safe and secure house
To have any maintenance completed quickly
Not to have to pay for damage that is 'fair wear and tear'
To use and enjoy your house
These rights are found in the Residential Tenancies Act 1987 (WA). If you think your rights have been breached, you can ask us for legal advice.
Your Responsibilities When Renting a House
Pay your rent on time
Pay your debts
Keep your house clean and tidy
Be a good neighbour; although you have a right to enjoy your house, your neighbours also have a right to enjoy theirs, so try to avoid making lots of noise at your house
If you don't pay your rent or other bills and you make lots of noise at your house, your landlord may try and kick you out.
Most of the time you can't be kicked out of your house unless you agree to leave, or there is a Court order evicting you from the house.
You should ask for legal advice before you agree to leave your house. KCLS might be able to give you legal advice and represent you in court if you are at risk of being kicked out of your home.
Other Issues We Help With
Making an application for social housing and explaining the 'priority list' and the 'wait turn list'
Making an application to transfer between social housing providers
Understanding your Tenancy Agreement before you sign up
Appealing charges on your account that you don't agree with
Dealing with complaints from your neighbours
Giving up your house: there are lots of ways that tenancies can end
Getting your bond back
Case Study: Charlotte
Charlotte lives with her six children in a Department of Housing property on a single Parenting Payment. She feels unsafe at the property because of the on-going violence of the neighbours and she feels isolated from family. Charlotte wanted to exit her house as it was causing her a great deal of stress.
KCLS liaised with Department of Communities to explore transferring her tenancy to another location. We gathered all the transfer documents and wrote a support letter outlining the reasons for a transfer including safety worries and risks of her relinquishing her property. KCLS also worked with other local agencies who assisted with education, property standards, mental health, physical health, parenting, education, social and emotional wellbeing, and housing. We also provided assistance to Charlotte with cleaning the property and getting ready for an inspection.
WA Rent Reforms
The State Government passed the Residential Tenancies Amendment Act 2024 on 16 April 2024 to ensure a fair balance between the rights of WA tenants and property owners. These WA rent reforms are a result of extensive consultation with landlords, real estate agents and tenants.
This is an excellent package of reforms that ensures a fair balance between the rights of renters and landlords right across Western Australia. The amendments recognise the future of the WA rental market and, importantly, people who may spend a lifetime renting a home.
There are seven reforms to come into effect in stages from May 2024 to mid-2025.
Rent bidding is prohibited
Relief from retaliatory action
Rent increases to be limited to a minimum of once per 12 months
Tenants given greater freedom to keep pets
Tenants given greater freedom to make minor modifications to their rental home
Consumer Protection Commissioner determinations
Bond release applications can be made to the Commissioner for Consumer Protection
Read more about the WA Rent Reforms for Tenants
Read more about the WA Rent Reforms for Landlords