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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
The most common disputes which end up in court include: disputes about the return of bond money; overdue rent; damage to property; maintenance of the premises; and problems when ending tenancy agreements. Whatever the problem, the most important thing to remember is lessors and tenants should keep...
Having problems with renting a home?
Tenancy databases may be used by lessors as a way of screening prospective tenants. Lessors can look in tenancy databases to help them select tenants. If they do they must let prospective tenants know in writing which database they use and if they find any information in it about any of the...
Renting tools

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Publications

25 January 2016 Following consultation with industry in 2014, the Minister for Commerce has announced the scale of maximum fees for settlement agents will be removed. From Wednesday 3 February 2016,...
Consumer Protection
Bulletin
02 Mar 2016
25 January 2016 Following consultation with industry in 2014, the Minister for Commerce has announced the scale of maximum fees fixed for land valuers will be removed. From Wednesday 3 February 2016...
Consumer Protection
Bulletin
27 Jan 2016
11 December 2015 A real estate agent has had his licence and triennial certificate cancelled by the State Administrative Tribunal (SAT) and is banned from holding a licence for five years after...
Consumer Protection
Bulletin
16 Dec 2015
14 December 2015 A Perth real estate agency is believed to have lost more than $45,000 in an elaborate accommodation scam which also involved them organising a Greek interpreter for a fictitious...
Consumer Protection
Bulletin
16 Dec 2015
3 December 2015 Looking to improve practices at your agency? Considering these common issues identified during recent proactive compliance visits by the Department of Commerce (the Department) may...
Consumer Protection
Bulletin
03 Dec 2015
3 December 2015 Looking to improve practices at your agency? Considering these common issues identified during recent proactive compliance visits by the Department of Commerce (the Department) may...
Consumer Protection
Bulletin
03 Dec 2015
12 November 2015 The Department of Commerce (the Department) has recently become aware of a new business scheme in relation to online advertising which may raise a potential conflict of interest and...
Consumer Protection
Bulletin
18 Nov 2015
5 November 2015 A lessor has been fined $24,000 after the Consumer Protection Division of the Department of Commerce (Consumer Protection) prosecuted him for breaches of the Residential Tenancies Act...
Consumer Protection
Bulletin
18 Nov 2015
29 October 2015 A real estate agent has been reprimanded and fined $3,000 by the State Administrative Tribunal for failing to exercise due skill, care and diligence over the depositing and recording...
Consumer Protection
Bulletin
08 Sep 2017
21 October 2015 The Department of Commerce (the Department) reminds agents and sales representatives of their obligations in relation to the advertising and marketing that may be placed to promote...
Consumer Protection
Bulletin
29 Oct 2015

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Announcements

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
Consumer Protection has reminded private landlords in WA that they must lodge new security bonds with the Bond Administrator to comply with changes to tenancy laws which came into effect in July this year. There is a transition period for existing bonds, which will need to be transferred to the Bond Administrator by 31 December 2014. The reminder comes after the Perth Magistrates Court fined a...
Consumer Protection
Media release
16 Sep 2013
Businesses can gain a better understanding of their rights and obligations under the Australian Consumer Law thanks to a series of new industry guides. Commissioner for Consumer Protection Anne Driscoll urges businesses operating in five specific industries covered by the guides, to check them out. “The guides are in relation to electrical and whitegoods; travel and accommodation; personal...
Consumer Protection
Media release
30 Aug 2013
A man has been arrested in Nigeria in connection with the attempted fraudulent sale of a home in Western Australia. Ntuen Promise EKENMINI was apprehended by Nigerian authorities yesterday when he attended an international courier office and attempted to collect documents with a forged driver’s licence in the name of the South African home owner. The documents related to a supposed settlement of...
Consumer Protection
Media release
15 Aug 2013
The property industry in WA has been warned to be on high alert after recent attempts by overseas criminals to fraudulently sell two WA homes. In separate incidents, real estate agents were approached by fraudsters who successfully changed the contact details of the real owners of the properties, who both lived in South Africa. Copies of documents related to the management of the properties were...
Consumer Protection
Media release
06 Feb 2013

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