Western Australian Current Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 3

3 .         Terms used

                In this Act, unless the contrary intention appears —

        bond means a security bond or a tenant compensation bond;

        bond administrator means the chief executive officer of the Department;

        Commissioner means the person for the time being designated as the Commissioner under section 7A;

        common area —

            (a)         means an area accessible to, or provided for the common use of, tenants; and

            (b)         includes common property (as defined in the Strata Titles Act 1985 section 3) of a strata scheme or survey strata scheme;

        competent court , in relation to an application made under this Act, means a court that under section 12A or 13 has jurisdiction to hear and determine the application;

        Department means the department of the Public Service principally assisting in the administration of this Act;

        expiry day , in relation to a residential tenancy agreement that creates a tenancy for a fixed term, means the day on which the residential tenancy agreement would (but for the operation of this Act) upon its terms have terminated by effluxion of time or the happening of an event;

        family violence has the meaning given in the Restraining Orders Act 1997 section 5A(1);

        lessor —

            (a)         means a person who grants the right to occupy residential premises under a residential tenancy agreement; and

            (b)         includes —

                  (i)         a personal representative, successor or assignee of a lessor; and

                  (ii)         where the context requires, a prospective, or former, lessor;

        premises includes —

            (a)         any part of premises; and

            (b)         land and appurtenances appurtenant to premises;

        prescribed means prescribed in the regulations;

        property manager means a person who is —

            (a)         licensed under the Real Estate and Business Agents Act 1978 ; and

            (b)         in relation to a residential tenancy agreement, the agent of the lessor of the premises to which the agreement relates;

        reasonable grounds , for suspecting that a tenant has abandoned residential premises, means that the tenant has failed to pay rent under the residential tenancy agreement and that at least one of the following has occurred —

            (a)         the presence at the premises of uncollected mail, newspapers or other material;

            (b)         reports from neighbours of the tenant or from other persons indicating the tenant has abandoned the premises;

            (c)         the absence of household goods at the premises;

            (d)         the disconnection of services (including gas, electricity and telephone) to the premises;

        rent means a payment under a residential tenancy agreement payable by the tenant in respect of the tenancy period or part of the tenancy period;

        Rental Accommodation Account means the Rental Accommodation Account established under Schedule 1 clause 3;

        residential premises means premises that constitute or are intended to constitute a place of residence;

        residential tenancy agreement means any agreement, whether or not in writing and whether express or implied, under which any person for valuable consideration grants to any other person a right to occupy, whether exclusively or otherwise, any residential premises, or part of residential premises, for the purpose of residence;

        security bond means an amount payable by a tenant as security for the performance of the tenant’s obligations under a residential tenancy agreement, including an amount referred to in section 29(1)(b)(ii);

        social housing premises has the meaning given in section 71A;

        social housing provider has the meaning given in section 71A;

        social housing tenancy agreement has the meaning given in section 71A;

        tenancy means the right of occupancy under a residential tenancy agreement;

        tenancy period , in relation to a residential tenancy agreement, means the whole period during which the agreement is in force, whether the agreement is for a fixed term or creates a periodic tenancy;

        tenant —

            (a)         means a person who is granted a right of occupancy of residential premises under a residential tenancy agreement; and

            (b)         includes, where the context requires, a prospective, or former, tenant;

        tenant compensation bond means a bond referred to in section 59D(2).

        [Section 3 amended: No. 50 of 1988 s. 4; No. 57 of 1997 s. 39(10); No. 59 of 2004 s. 118; No. 28 of 2006 s. 133; No. 60 of 2011 s. 5 and 90; No. 23 of 2014 s. 87; No. 3 of 2019 s. 4; No. 25 of 2019 s. 64.]