Western Australian Current Acts Western Australian Current Acts (1A) In this section,
unless the contrary intention appears —
pet does not include an assistance dog as defined
in the Dog Act 1976 section 8(1);
security bond includes an instalment of a security
bond.
(1) A person shall not
—
(a)
require the payment of, or receive, more than one security bond in relation to
any residential tenancy agreement; or
(b)
require the payment of, or receive, a security bond of an amount exceeding in
the aggregate —
(i)
4 weeks’ rent under the residential tenancy
agreement in relation to which it is required or received; and
(ii)
if the tenant is permitted to keep on the premises any
pet capable of carrying parasites that can affect humans — a prescribed
amount to meet the cost of any fumigation of the premises that may be required
on the termination of the tenancy.
Penalty for this subsection: a fine of $5 000.
(2A) Subsection (1)(a)
does not prevent a person from receiving a security bond in instalments.
(2) Subsection (1)(b)
does not apply in relation to a residential tenancy agreement where the weekly
rate of rent payable under the agreement exceeds a prescribed amount.
(3) Where, during the
period of 6 months after the day on which the tenancy under a residential
tenancy agreement commenced, the rent payable under the agreement decreases or
is decreased, the amount paid in excess of the lower or, as the case may be,
lowest rate of rent payable under the agreement during that period, together
with the amount (if any) allowed by subsection (1)(b)(ii), shall be deemed to
have been paid as a security bond.
(4) A person who
receives a security bond paid in relation to a residential tenancy agreement
—
(a)
shall forthwith give or cause to be given to the person paying the bond a
receipt specifying the date on which the bond was received, the name of the
person paying the bond, the amount paid and the premises in respect of which
it is paid; and
(b)
shall pay the amount of the bond to the bond administrator in accordance with
Schedule 1 clause 5A; and
(c)
shall, at the time of making the payment referred to in paragraph (b), lodge
with the bond administrator a record in a form approved by the Minister
relating to the payment.
[(d) deleted]
Penalty for this subsection: a fine of $20 000.
[(5) deleted]
(6) A person shall not
make an entry in a record referred to in subsection (4)(c) that the person
knows is false or misleading in a material particular.
Penalty for this subsection: a fine of $5 000.
(7) The bond
administrator must pay the amount of the security bond in accordance with
Schedule 1 clause 5.
(8) A lessor and
property manager must ensure that an application form referred to in Schedule
1 clause 5(1)(a) is not signed by a tenant unless —
(a) the
residential tenancy agreement to which the security bond relates has
terminated; and
(b) any
amount of the security bond to be paid to the lessor or tenant is stipulated
on the form.
Penalty for this subsection: a fine of $5 000.
(9) Nothing in
subsection (1)(a) prevents the lessor from requiring further payment from a
remaining tenant towards the security bond in order to cover the disposal of a
former tenant’s portion of the security bond under section 17B(3).
[Section 29 amended: No. 59 of 1995 s. 47 and 55;
No. 69 of 2006 s. 31; No. 60 of 2011 s. 25; No. 18 of 2013 s. 62; No. 3 of
2019 . s 7 and 25.]
[ 29A. Deleted: No. 60 of 2011 s. 26.]