Tenancy Q&A

Cloud storage of your documents, forms and photos is critically important. Upload and store everything safely in the Cloud (OneDrive, Google Drive, iCloud) - your tenancy agreements, rent receipts, bond receipts, property condition reports, photos, and anything else related to your tenancy. This is 'insurance' in case anything goes wrong and you need to access all of your documents and records easily and quickly; or if you lose your computer or phone. Google Drive offers you free Cloud storage of 15GB (ooo's of photos and documents). Click here to find out more.

A rental agreement MUST be made on the prescribed FORM 1AA issued by the Consumer Protection Division of the Department of Mines, Industry Regulation and Safety. Form 1AA can be downloaded here.

Yes. The landlord (lessor) is legally bound to give you a property condition report at the start and end of your tenancy agreement. If they do not, there is a $5,000 fine for each missing report. The property condition reports are to help you make a before (move in) and after (move out) comparison. Make sure that you agree with the initial property condition report - the one that must be given to you when you first move in. Record any discrepancies on the form (e.g. marks on walls or carpets, any damage, any house appliances that are not working, any wear and tear). Take photographs and keep these in a safe place - such as in the Cloud. You can download the official Form 1 Property Condition Report here.

In the first instance, try speaking with or writing to your landlord (lessor). Keep it calm, keep it simple and keep it business-like. Identify the issue or problem, discuss who is responsible for the issue or problem, and come to an agreed plan of action. It is arguably best to keep your communications in writing (e.g. email). An email is a record that contains what each person said, and when they said it (e.g. the date of the email). Verbal discussions can sometimes be very difficult to prove.

Contact us at Wheatbelt Community Legal Centre. We provide a confidential and free tenant advocacy service. We will work with you to protect your rights and interests as a tenant. Phone us or email us to make an appointment. Click here for the contact details.

Breach notices are formal documents issued under the Residential Tenancies Act 1987. They are a clear sign that something about the tenancy, or the relationship with the landlord (lessor) is not working out. Don't ignore a breach notice. Phone us or email us to make an appointment. Click here for our contact details.

A fixed term rental agreement is for a stated period of time and has a clear (a) start date, and (b) an end date. For example, a tenancy agreement that runs from 01.01.2022 to 31.12.2022 would be a fixed term agreement. Whereas, a periodic rental agreement is usually on a rollover basis - from month to month. It is important to check your tenancy rental agreement - it should state whether your tenancy is fixed term or periodic, or reverts to a periodic tenancy once the original fixed term (time period) has ended.

This happens frequently. A landlord (lessor) sells, or wants to sell, a rental property that has a tenant living in it. Whether you are forced to move (vacate) the rental property depends on (a) whether you have a fixed term or periodic rental agreement, and (b) how much notice you are given. In short answer, no - you cannot be evicted if you have a fixed-term tenancy agreement. After the sale of the property, the new owner takes over as the landlord until the end of the lease. Phone us or email us to make an appointment. Click here for our contact details.

Don't delay. Seek help immediately. If your landlord (lessor) threatens eviction or you receive an eviction notice - your accommodation security is on the brink. This can negatively affect your wellbeing, family life, relationships, work situation or financial position. We may be able to help you to stop or delay an eviction. Phone us or email us to make an appointment. Click here for our contact details.

Provided that you pay rent on time , keep the rental property clean and undamaged (less fair wear and tear), you are entitled to live in your home in quiet enjoyment. For more information, click here to read the official 'Tenant's Guide' from the Consumer Protection Division of the Department of Mines, Industry Regulation and Safety.