Western Australian Current Acts Western Australian Current Acts (1) In this section
—
tenant’s document means —
(a) an
official document; or
(b) a
photograph; or
(c)
correspondence; or
(d) any
other document which it would be reasonable to expect that a person would want
to keep.
(2) This section
applies if —
(a) a
residential tenancy agreement is terminated; and
(b) a
tenant’s document is left on premises the subject of the agreement.
(3) The lessor must
take reasonable care of the tenant’s document for a period of 60 days
after the termination of the agreement.
Penalty for this subsection: a fine of $5 000.
(4) The lessor must,
during the period of 60 days after the termination of the agreement, take
reasonable steps to notify the tenant —
(a) that
the document was left at the premises; and
(b) as
to when and from where the document may be collected.
Penalty for this subsection: a fine of $5 000.
(5) A person who has a
lawful right to the document may reclaim it at any time before it is disposed
of in accordance with subsection (7) if the person pays the lessor the
reasonable costs, if any, incurred by the lessor in discharging the duties
imposed on the lessor under this section in relation to that document.
(6) If a person who
has a lawful right to a document reclaims the document and pays an amount
equal to the reasonable costs incurred by the lessor in discharging the duties
imposed on the lessor under this section, the lessor must give the document to
that person.
Penalty for this subsection: a fine of $5 000.
(7) If the document
has not been claimed under subsection (5) within 60 days after the day on
which the agreement was terminated, the lessor may destroy or otherwise
dispose of the document.
(8) If a lessor
destroys or otherwise disposes of a document under subsection (7), a competent
court may, on an application by the lessor, make an order for the payment to
the lessor out of moneys standing to the credit of the Rental Accommodation
Account, in accordance with Schedule 1 clause 3(3)(a), of an amount equal to
the reasonable costs incurred by the lessor in discharging the duties imposed
on the lessor under this section.
(9) Nothing in this
section affects the operation of any other Act or law affecting the
destruction or disposal of a document.
[Section 80A inserted: No. 60 of 2011 s. 77;
amended: No. 3 of 2019 s. 25.]