Western Australian Current Acts Western Australian Current Acts (1) Where a
residential tenancy agreement provides that, upon breach by the tenant of the
agreement to pay rent or any other term of the agreement or breach of this Act
or any other written law, the tenant is liable to pay —
(a) all
or any part of the rent remaining payable under the agreement; or
(b) rent
of an increased amount; or
(c) any
amount by way of a penalty; or
(d) any
amount by way of liquidated damages,
the provision is to
that extent void and of no effect.
(2A) A lessor or
property manager who executes a residential tenancy agreement with a provision
of the kind referred to in subsection (1) commits an offence.
Penalty for this subsection: a fine of $5 000.
(2) Where a
residential tenancy agreement provides that, if the tenant does not breach the
agreement to pay rent or any other term of the agreement or any provision of
this Act or any other written law, the rent shall or may be decreased or the
tenant shall or may be granted or paid a rebate, refund or other benefit, the
agreement shall be deemed to have been varied from the commencement of the
tenancy so that the tenant is entitled to the reduction, rebate, refund or
other benefit in any event.
[Section 57 amended: No. 60 of 2011 s. 54 and 88;
No. 3 of 2019 s. 25.]