Property industry

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Urgent repairs fall into two categories: essential services and other urgent repairs. A suitable repairer must be found within a reasonable timeframe. There are some times when a tenant may need to arrange for the repairer. Essential services Essential services are listed in the Residential...
Security, safety, maintenance and entry rights
Although proceedings in the Magistrates Court are relatively informal, certain rules must be observed: Call the magistrate 'Sir' or 'Madam'. Stand up when it is your turn to speak or when you are spoken to by the magistrate and sit down when you or the magistrate have finished. Only one person is...
Having problems with renting a home?
Western Australia's residential tenancy laws changed in 2013. Three information videos are available to help you understand the laws. Part one: Getting started Part two: Moving in Part three: Ending a tenancy Getting started Getting started covers applying for a tenancy, option fees, tenancy...
Renting tools
Arrive for the hearing on time or a little earlier. Let a court official know you are there, then go to the waiting room. Remain within hearing distance of the court room. If you are not there when your case is called, it could start without you and the magistrate might make an order which may not...
Having problems with renting a home?
Obvious maintenance and repair issues should be noted in the property condition report which is required to be completed by the landlord/lessor when the tenant moves into and out of the property. Tenants must keep the property reasonably clean and are expected to hand it back in a similar condition...
Security, safety, maintenance and entry rights
The magistrate usually conducts the hearing in the following way (except in the case of a Form 6 application for a bond dispute, where the owner always proceeds first): The applicant tells their story (evidence) and presents any documents in support of their case. Then the respondent questions (...
Having problems with renting a home?
Whether you win or lose in court may depend on whether you followed the correct procedures in handling the dispute from the beginning to the court stage, and how thorough you are in preparing your evidence. Make sure you have records of all notices, receipts and other relevant documents that will...
Having problems with renting a home?
Applications must be made to the court closest to the rented premises, unless the parties in the dispute agree to a different arrangement. Check with the court as to how this can be done. The address of the court where the hearing will take place is shown on a form, which will be sent to you. Court...
Having problems with renting a home?
A glossary for residential tenancies Assign the premises : To transfer rights to occupy the premises and associated responsibilities to another person. Bond: Money paid by the tenant and held by the Bond Administrator as security against damage to the premises. Breach of agreement: The breaking of...
Renting tools
When can a person be listed on a database? A person can only be listed on a residential tenancy database if: they were named as a tenant in a residential tenancy agreement that has ended; they breached the agreement; and because of the breach either: they still owe more than the security bond...
Renting tools

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Publications

Charts showing the process for serving notices to tenants for a breach.
Consumer Protection
Information
14 Aug 2018
8 February 2017 Compulsory Professional Development (CPD) is a legal requirement for all licensed settlement agents. Failure to complete your CPD requirements could result in your triennial...
Consumer Protection
Bulletin
09 Feb 2017
6 February 2017 Figures received from the Bond Administrator show there were 683 late bond lodgements in January 2017, an increase of 35% on December’s figures. Consumer Protection is concerned by...
Consumer Protection
Bulletin
07 Feb 2017
12 January 2017 From 2017 the Commonwealth Government is introducing new reporting requirements in relation to real estate property transfers in Western Australia. Landgate, the lead agency involved...
Consumer Protection
Bulletin
12 Jan 2017
3 January 2017 Don’t leave it to the last minute to organise your annual trust account audit. By law all real estate agents (agents) who have held or received monies in trust are required to submit...
Consumer Protection
Bulletin
05 Jan 2017
22 December Compulsory Professional Development (CPD) is a legal requirement for all licensed real estate agents and business brokers, as well as all registered real estate sales representatives and...
Consumer Protection
Bulletin
03 Jan 2017
There are a number of notices designed to help the lessor, property manager and tenant/s deal with various issues. Only issue a notice after you have tried to negotiate the problem or dispute with...
Consumer Protection
Form – notification
04 Oct 2017
Background In December 2015 the State government released a bushfire reform package in response to planning and building recommendations from the Keelty Report into the Perth Hills bushfire of 2011...
Consumer Protection
Bulletin
14 Dec 2016
Buying a property to rent out is a popular form of long-term investment in Australia. Before deciding to take on a rental property you should consider its value, how much it can earn, the cost of...
Consumer Protection
Fact sheet
07 Sep 2017
The Western Australian Building and Construction Industry Code of Conduct 2016 commenced on 1 January 2017. The code has been developed to ensure that Western Australian government agencies, when...
WA Building and Construction Code Monitoring Unit
Code of conduct
07 Aug 2017

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Announcements

A new contract for the Seniors’ Housing Centre will ensure the partnership between Consumer Protection and peak seniors’ organisation, the Council on the Ageing Western Australia (COTA WA), will continue to help seniors get advice about housing options. The centre is funded by the State Government through the Department of Commerce, and the Department of Local Government and Communities. Commerce...
Consumer Protection
Media release
19 Aug 2014
A real estate sales representative has been fined $3,500 for misconduct over the sale of a Warnbro property in November 2012. Consumer Protection took disciplinary action against Dane Stephen Rawlings after an investigation into the sale found he had breached the Code of Conduct for Agents and Sales Representatives. Mr Rawlings faced two charges and was fined $1,500 and $2,000 on each by the...
Consumer Protection
Media release
12 Aug 2014
WA authorities have warned real estate and settlement agents to be on high alert following the reported real estate fraud in the ACT. Commissioner for Consumer Protection Anne Driscoll believes the criminals responsible will be encouraged by their success to make further fraud attempts. “Everyone in the property industry, particularly those involved in property management and sales, should have a...
Consumer Protection
Media release
24 Jul 2014
Consumer Protection is holding information sessions to explain a current review of the laws that apply to about 29,000 people living long-term in residential parks across WA. Views are being sought from the caravan, mobile home, park home and lifestyle village communities in response to a consultation paper that was released in June 2014. The paper sets out possible options to change the...
Consumer Protection
Media release
15 Jul 2014
Consumer Protection has been granted supervision orders by the State Administrative Tribunal (SAT) to take control of a York real estate agency after its sole director’s licence renewal application was refused and the company was therefore unable to operate the business in compliance with the Real Estate and Business Agents Act. The supervisor appointed by Consumer Protection is Mr Gary Doran of...
Consumer Protection
Media release
10 Jul 2014
Three people have been arrested and charged by South African Police in connection with the attempted fraudulent sale of a home in Western Australia. Two Nigerian men and a South African woman were arrested in Johannesburg on 2 July 2014. The arrests follow a five month intensive investigation by the Major Fraud Squad of the Western Australia Police, with the assistance of the Australian Federal...
Consumer Protection
Media release
04 Jul 2014
Consumer Protection has been granted supervision orders by the State Administrative Tribunal (SAT) to take control of two Perth real estate agencies over the misuse of their trust accounts and inability to operate their businesses within the Real Estate and Business Agents Act. The supervisor’s duties include carrying on the activities of the agent for the purpose of winding up the agency. On 18...
Consumer Protection
Media release
30 Jun 2014
Consumer Protection has sent out a warning to promoters of some property investment schemes who hold “free” public seminars that they must provide information about cooling off periods to attendees. Australian Consumer Law regulators are examining the practices of a number of promoters and WA’s Commissioner for Consumer Protection Anne Driscoll said a common theme had emerged. “In many cases,...
Consumer Protection
Media release
12 Jun 2014
A review of the laws regulating the tenancy arrangements of about 29,000 people who live long-term in residential parks in WA is currently underway.
Consumer Protection
Media release
06 Jun 2014
The Commissioner for Consumer Protection has succeeded in overturning a decision to allow the Director of Westpoint Realty Pty Ltd (in liquidation), Mr Norman Phillip Carey to renew the certificate that allows him to be a real estate agent. A unanimous judgement by the Court of Appeal this morning (9 January 2014) set aside a previous State Administrative Tribunal ruling which meant that Mr Carey...
Consumer Protection
Media release
09 Jan 2014

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