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Information Sheets:
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| First, check whether you are in a fixed term or periodic tenancy. If you are in a fixed term tenancy you may stay in the premises until the end of your agreement, or if an agreement is reached which is suitable to both parties. |
| If you are in a periodic tenancy and the owner has sold the premises and he/she is required to give vacant possession, then they must give you a Notice of Termination (Form 1C). This Notice of Termination should specify the date you have to vacate the premises and that date should be not less than 30 days after you receive the Notice. |
| For more detailed information or specific legal advice you can call the Tenants Advice Line or access the relevant information sheets from the Tenants Rights Manual as provided below. |
Information Sheets:
I received a breach notice. What does this mean? | If you receive a breach notice it is necessary to read it carefully because it will explain the reason why the owner/agent believes you are in breach of the tenancy agreement. |
| If the breach notice was sent to you (eg. failing to maintain the gardens), it should specify the time you have in which to fix the problem. This is usually 14 days. If you fix the problem (eg. by weeding and watering the garden), the owner/agent should not take any further action. If however further action is taken you may need to write to the owner/agent stating you have fixed the problem. If the owner/agent are not satisfied that the breach has been rectified they may proceed to the next step which will be sending you a Notice of Termination. |
| This Notice will state the date that they want you to vacate the premises and that you are still in breach of the tenancy agreement. If you believe you are not in breach it is wise to write to the owner/agent stating your case, alternatively wait until they take the matter to Court. They cannot force you to leave without obtaining a Court order. |
| For more detailed information or specific legal advice you can call the Tenants Advice Line or access the relevant information sheets from the Tenants Rights Manual as provided below. |
Information Sheets:
How do I end a fixed term tenancy? | A fixed term tenancy is a contract with a starting date and an end date. This means that both parties are bound by the contract for the period specified. If for some unforseen reason you need to leave the premises before the end date of the tenancy agreement, you will need to discuss with the owner the early termination of your fixed term tenancy. |
| If the owner agrees, it is wise to confirm the agreement in writing. Although the owner/agent may be willing to come to some arrangement with you to break the contract early, the owner is able to claim from you any reasonable losses they may suffer (eg. rent until a new tenant is in the premises and advertising expenses). Whatever agreement you come to with the owner/agent, it is highly recommended that you confirm it in writing. |
| The owner/agent can end a fixed term tenancy early if you and the owner/agent agree or if you breach the tenancy agreement. |
| For more detailed information or specific legal advice you can call the Tenants Advice Line or access the relevant information sheets from the Tenants Rights Manual as provided below. |
Information Sheets:
The owner is always dropping in without asking me first. Can they
do this? | No. The owner/agent is unable to enter your premises without either advance written notice or your consent. |
| If the owner/agent drops in without notice, it could be considered to be a breach of your privacy and quiet enjoyment. You are able to breach them by first writing to them requesting they give you the required notice. If they fail to do so, you can apply to the Court for the appropriate orders. |
| It is however important to first check what your tenancy agreement says about the inspection of the premises because if you have a written tenancy agreement the owner is able to exclude, vary or modify what the Act says about inspection of premises. |
| For more detailed information or specific legal advice you can call the Tenants Advice Line or access the relevant information sheets from the Tenants Rights Manual as provided below. |
Information Sheets:
The owner won't fix my _____. What can I do?| First check what your written Tenancy Agreement says about who is responsible for Maintenance and Repairs. If it is the owner's responsible to do the repairs, then write a letter to them requesting they fix it in a certain number of days. |
| If they still do not fix it you can file a Court application (Form 12), requesting an Order that the owner have the problem fixed. |
| These forms can be collected from your local Magistrates Court or lodged online through the Magistrates Court of Western Australia website. Alternatively, in certain circumstances you may be able to request a rent reduction. |
| For more detailed information or specific legal advice you can call the Tenants Advice Line or access the relevant information sheets from the Tenants Rights Manual as provided below. |
Information Sheets:
The owner wishes to sell & wants home opens. What are your rights?
| Under the Residential Tenancies Act 1987, the owner is allowed to enter the property to show prospective purchasers through under certain circumstances. It is advisable that you come to a mutual agreement as to what is reasonable to you both in regards to access and it is best that this is in writing. If the owner is not being reasonable then you have rights in regards to your right to privacy and quiet enjoyment. |
| If you believe that the owner is not being reasonable in regards to your privacy and quite enjoyment, you may wish to write to them and explain it from your point of view. If you can not come to a reasonable arrangement you may wish to serve a breach notice on them. As a last resort, if your owner continues to breach your rights you may wish to take the matter to court and have a magistrate decide on what is reasonable in your circumstances. |
| For more detailed information or specific legal advice you can call the Tenants Advice Line or access the relevant information sheets from the Tenants Rights Manual as provided below. |
Information Sheets:
Does TAS assist people in commercial tenancies?| No, TAS can only assist residential tenants. The Small Business Development Corporation can assist those with commercial tenancy problems. They can be contacted on (08) 9220 0222 or visit the web site at www.sbdc.com.au. |
