West Australian Rental Agreement: All You Need to Know

If you plan on renting a property in Western Australia, it is crucial to understand the legal document that outlines the terms and conditions of the tenancy. This document is known as the West Australian rental agreement.

A rental agreement, also known as a lease agreement, is a legally binding contract between a landlord and tenant. It outlines the terms and conditions of the tenancy, including the rent amount, payment due date, security deposit, repair obligations, and other important clauses.

In Western Australia, the Residential Tenancies Act 1987 governs the relationship between tenants and landlords, and the standard form of rental agreement is prescribed by the Residential Tenancies Regulations 1989.

Here are some essential details about the West Australian rental agreement that you should know:

1. Types of Rental Agreements

There are two types of rental agreements in Western Australia: fixed-term and periodic. Fixed-term agreements have a specific end date, while periodic agreements continue until either the tenant or landlord gives notice to end the tenancy.

2. Contents of the Rental Agreement

The West Australian standard form of rental agreement includes the following details:

– Names and addresses of the landlord and tenant

– Rent amount and payment due date

– Security deposit amount and terms for its return

– Start and end date of the tenancy (for fixed-term agreements)

– Notice period for ending the tenancy (for periodic agreements)

– Responsibilities of the tenant and landlord for repairs and maintenance

– Restrictions on subletting or assigning the tenancy

– Other terms and conditions agreed upon by the parties

3. Additional Clauses

The standard form of rental agreement allows for additional clauses to be added by the landlord or tenant. These clauses must be consistent with the Residential Tenancies Act and Regulations and cannot override them.

Some common additional clauses include:

– Pet policy

– Smoking policy

– Tenant`s obligation to keep the property clean and tidy

– Landlord`s right to access the property for repairs or inspections

– Tenant`s obligation to notify the landlord of any necessary repairs

4. Length of Notice Period

The notice period for ending a periodic tenancy in Western Australia is 30 days for the tenant and 60 days for the landlord. However, this period may vary if there are different terms outlined in the rental agreement.

5. Breach of Agreement

If either the tenant or landlord breaches the terms of the rental agreement, the other party may take legal action. This can include seeking compensation for damages or eviction.

In conclusion, the West Australian standard form of rental agreement is a legally binding contract that outlines the terms and conditions of a tenancy. It is important for both the tenant and landlord to understand its contents and ensure that they comply with the Residential Tenancies Act and Regulations. If you have any questions or concerns, seek legal advice or contact the Department of Mines, Industry Regulation and Safety`s Consumer Protection Division.