Western Australian Current Acts

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           Long Title

   PART I -- Preliminary  

   1.      Short title
   2.      Commencement
   3.      Terms used
   4.      Position of Crown
   5.      Application of Act
   6.      Modification of application of Act by regulation
   7.      Transitional provisions relating to commencement of this Act

   PART II -- Administration  

   7A.     Commissioner
   8.      Functions of Commissioner
   9.      Commissioner may institute or defend proceedings for party
   10.     Delegation by Commissioner
   11.     Protection of officers
   11A.    Information officially obtained to be confidential
   11B.    Powers of investigation

   PART III -- Determination of disputes  

   12.     Terms used
   12A.    Jurisdiction over prescribed disputes
   13.     Jurisdiction over other disputes
   13A.    Magistrates Court’s jurisdiction
   13B.    Appeals from decisions of registrar
   14.     Time for determination of proceedings
   15.     Applications for relief and orders that may be made
   16.     Enforcement
   17A.    Disputes between tenants
   17.     Application to vary or set aside order
   18.     Form of applications and notice of hearing
   19.     Witnesses and inspection of documents
   20.     General powers in proceedings
   21.     Evidence
   22.     Presentation of cases
   23.     Settlement by conciliation
   24.     Costs
   25.     Reservation of question of law
   26.     Finality of proceedings

   PART IV -- Residential tenancy agreements

           Division 1A -- Form of residential tenancy agreement and associated documents  

   27A.    Written residential tenancy agreement to be in prescribed form
   27B.    Information to be given to tenant by lessor
   27C.    Property condition report at start and end of tenancy

           Division 1 -- Rent and security bonds  

   27.     Restriction on consideration for tenancy agreement
   28.     Rent in advance
   29.     Security bonds
   30.     Variation of rent (except where calculated by reference to tenant’s income)
   31A.    Variation of rent where calculated by reference to tenant’s income
   31B.    Increase in rent after renegotiating lease
   31.     Increase in security bond
   32.     Limitation of excessive rents in certain circumstances
   33.     Duty to give receipt for rent
   34A.    Manner of payment of rent
   34.     Proper records of rent to be kept
   35.     Payment of rent by post-dated cheques etc. prohibited
   36.     Apportionment of rent

           Division 2 -- Standard terms  

   38.     Tenant’s responsibility for cleanliness and damage
   39.     Tenant’s conduct on premises
   40.     Vacant possession
   41.     Legal impediments to occupation as residence
   42.     Lessor’s responsibility for cleanliness and repairs
   43.     Urgent repairs
   44.     Quiet enjoyment
   45.     Securing premises
   46.     Lessor’s right of entry
   47.     Right of tenant to affix and remove fixtures etc.
   48.     Lessor to bear outgoings in respect of premises
   49A.    Lessor’s and tenant’s responsibilities in respect of public utility services
   49.     Right of tenant to assign or sub-let
   50.     Vicarious responsibility of tenant for breach by other person lawfully on premises

           Division 3 -- General  

   51.     Tenant to be notified of lessor’s name and address
   52.     Failure to pay rent with intention it be recovered from security bond
   53.     Tenant’s name, place of employment and forwarding address
   54.     Lessor to deliver copy of agreement to tenant
   55.     Cost of written agreement to be borne by lessor
   56.     Discrimination against tenants with children
   57.     Accelerated rent and liquidated damages prohibited
   58.     Duty of mitigation
   59A.    Minors
   59B.    Death of one of 2 or more tenants
   59C.    Recognition of certain persons as tenants
   59D.    Tenant compensation bonds
   59E.    Interference with quiet enjoyment
   59F.    Offences relating to security of residential premises

   PART V -- Termination of residential tenancy agreements

           Division 1 -- How residential tenancy agreements are terminated  

   60.     How residential tenancy agreements are terminated

           Division 2 -- Notices of termination  

   61.     Form of notice of termination by lessor
   62.     Notice of termination by lessor upon ground of breach of term of agreement
   63.     Notice of termination by lessor who has entered into contract of sale
   64.     Notice of termination by lessor without any ground
   65.     Termination by lessor where s. 32 invoked
   66.     Notice by lessor not waived by acceptance of rent
   67.     Form of notice of termination by tenant
   68.     Notice of termination by tenant
   69.     Notice of termination by lessor or tenant where agreement frustrated
   70A.    Notice of termination by lessor or tenant at end of fixed term tenancy
   70.     Effect of notice of termination of periodic tenancy

           Division 3 -- Special provisions about terminating social housing tenancy agreements

              Subdivision 1 -- Preliminary  

   71A.    Terms used
   71B.    Application of Division

              Subdivision 2 -- Notice of termination where tenant not eligible for social housing premises  

   71C.    Notice of termination by lessor on ground that tenant not eligible for social housing premises
   71D.    Assessment of tenants eligibility for social housing premises
   71E.    Criteria for assessing eligibility of tenants for social housing premises under s. 71D
   71F.    Review of decision to give notice on ground that tenant not eligible for social housing premises
   71G.    Time periods to be observed where notice of termination given under this Subdivision

              Subdivision 3 -- Notice of termination where tenant offered alternative social housing premises  

   71H.    Notice of termination by lessor where tenant offered alternative social housing premises
   71I.    Review of decision to give notice on ground that tenant offered alternative social housing premises
   71J.    Time periods to be observed where notice of termination given under this Subdivision

           Division 4 -- Orders for termination of residential tenancy agreement  

   71.     Application by lessor for termination and order for possession
   72.     Application for termination and order for possession in relation to fixed term agreements
   73A.    Notice of termination not required in certain cases
   73.     Termination of agreement where tenant causing serious damage or injury
   74.     Termination of agreement where lessor or tenant would otherwise suffer undue hardship
   75A.    Termination of social housing tenancy agreement due to objectionable behaviour
   75.     Termination of agreement for breach by lessor
   76A.    Termination of agreement by lessor if premises abandoned
   76B.    Dispute about s. 76A notice

           Division 5 -- General  

   76C.    Fixed term tenancies continued as periodic tenancies
   76.     Compensation to lessor for holding over
   77.     Abandonment of premises
   78A.    Order about abandonment
   78B.    Review of abandonment order
   78.     Right of lessor to compensation where tenant abandons premises
   79.     Abandoned goods
   80A.    Abandoned documents
   80.     Recovery of possession of premises prohibited except by court order
   81A.    Mortgagee repossessions of rented properties
   81B.    Notice of proposed recovery of premises by person with superior title
   81.     Order for tenancy against person with superior title

   PART VIA -- Residential tenancy databases

           Division 1 -- Preliminary  

   82A.    Terms used
   82B.    Application of Part

           Division 2 -- Tenancy database information  

   82C.    Notice of usual use of database
   82D.    Notice of listing if database used
   82E.    Listing can be made only for particular breaches by particular persons
   82F.    Further restriction on listing
   82G.    Ensuring quality of listing -- lessor’s or agent’s obligation
   82H.    Ensuring quality of listing -- database operator’s obligation
   82I.    Providing copy of personal information listed
   82J.    Disputes about listings
   82K.    Keeping personal information listed

   PART VI -- Miscellaneous  

   82.     Contracting out
   83.     Recovery of amounts paid under mistake of law or fact
   84.     Exemption of tenancy agreement or premises from provision of Act
   85.     Service
   86.     Court may refer matter to Commissioner for investigation
   87A.    Defence where lessor and property manager are both charged with the same offence
   87.     Time for bringing proceedings
   88A.    Infringement notices
   88.     Regulations
   90.      Review of Act

   PART VII -- Savings and transitional provisions relating to the Residential Tenancies Amendment Act 2011

           Division 1 -- Contracting out  

   91.     Savings in relation to contracting out of standard terms

           Division 2 -- Security bonds held in AFI  

   92.     Terms used
   93.     All security bonds to be transferred to bond administrator after renewal of agreement or within 18 months
   94.     Requirements for AFI holding security bonds
   95.     Power of Commissioner to obtain information relating to AFI security bond accounts
   96.     Disposal of security bond held in AFIs

           Division 3 -- Residential tenancy databases  

   97.     Application of Part VIA to listings existing before commencement day
           SCHEDULE 1 -- Provisions relating to holding and disposal of bonds and income from bonds
           Compilation table

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