Property industry

Topics

Obvious maintenance and repair issues should be noted in the property condition report which is required to be completed by the landlord/lessor when the tenant moves into and out of the property. Tenants must keep the property reasonably clean and are expected to hand it back in a similar condition...
Security, safety, maintenance and entry rights
The magistrate usually conducts the hearing in the following way (except in the case of a Form 6 application for a bond dispute, where the owner always proceeds first): The applicant tells their story (evidence) and presents any documents in support of their case. Then the respondent questions (...
Having problems with renting a home?
Whether you win or lose in court may depend on whether you followed the correct procedures in handling the dispute from the beginning to the court stage, and how thorough you are in preparing your evidence. Make sure you have records of all notices, receipts and other relevant documents that will...
Having problems with renting a home?
Applications must be made to the court closest to the rented premises, unless the parties in the dispute agree to a different arrangement. Check with the court as to how this can be done. The address of the court where the hearing will take place is shown on a form, which will be sent to you. Court...
Having problems with renting a home?
A glossary for residential tenancies Assign the premises : To transfer rights to occupy the premises and associated responsibilities to another person. Bond: Money paid by the tenant and held by the Bond Administrator as security against damage to the premises. Breach of agreement: The breaking of...
Renting tools
When can a person be listed on a database? A person can only be listed on a residential tenancy database if: they were named as a tenant in a residential tenancy agreement that has ended; they breached the agreement; and because of the breach either: they still owe more than the security bond...
Renting tools
The most common disputes which end up in court include: disputes about the return of bond money; overdue rent; damage to property; maintenance of the premises; and problems when ending tenancy agreements. Whatever the problem, the most important thing to remember is lessors and tenants should keep...
Having problems with renting a home?
Tenancy databases may be used by lessors as a way of screening prospective tenants. Lessors can look in tenancy databases to help them select tenants. If they do they must let prospective tenants know in writing which database they use and if they find any information in it about any of the...
Renting tools
The way you manage a dispute about the disposal of a bond depends on the type of accommodation you are renting. Residential tenancy At the end of a residential tenancy, if you can't come to an agreement about getting a disposal form signed or if a dispute arises over how the bond money should be...
Bonds
The following information explains what payments can be passed on from council rates, water, gas and electricity charges. Council rates Tenancy agreements from 1 July 2013 cannot make a tenant liable for paying council rates. For a tenancy agreement prior to 1 July 2013 that has not been renewed,...
Rent and other payments

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Publications

17 June 2016 Service moving to Building Commission 1 July The Water Corporation currently provides a service whereby real estate agents and other interested persons can request a copy of an existing...
Consumer Protection
Bulletin
20 Jun 2016
The Department of Commerce – WorkSafe Division has released a Discussion Paper on recommendations to amend the model Work Health and Safety Regulations (the WHS regulations) for the Western...
WorkSafe
Information
01 Jun 2016
7 June 2016 eTransactions mandatory from 1 Sept 2016 As from 1 September 2016 the BondsOnline eTransactions system will be the only method for tenancy bond lodgements. The recently gazetted...
Consumer Protection
Bulletin
09 Jun 2016
5 May 2013 How many complaints has your agency received this year? Are complaints being escalated to third parties? The Department receives many complaints about issues which may have been resolved...
Consumer Protection
Bulletin
26 May 2016
28 April 2016 The review of the Code of Conduct for Agents and Sales Representatives under the Real Estate and Business Agents Act 1978 is in its final stages. Consumer Protection would like your...
Consumer Protection
Bulletin
28 Apr 2016
21 April 2016 As you are aware, the lead-in period for rental properties to meet the minimum security standards under the Residential Tenancies Act 1987 (the RT Act) ended on 1 July 2015. Should you...
Consumer Protection
Bulletin
08 Sep 2017
20 April 2016 The review of the Licensed Valuers Code of Conduct under the Land Valuers Licensing Act 1978 is in its final stages. Consumer Protection would like your feedback on the revised code. In...
Consumer Protection
Bulletin
21 Apr 2016
20 April 2016 The review of the Settlement Agents Code of Conduct under the Settlement Agents Act 1981 is in its final stages. Consumer Protection would like your feedback on the revised code. In...
Consumer Protection
Bulletin
21 Apr 2016
9 April 2016 Compulsory Professional Development (CPD) is a legal requirement for all licensed real estate agents and business brokers as well as all registered real estate sales representatives,...
Consumer Protection
Bulletin
06 Apr 2016
The Property Industries team regularly sends out bulletins about topical issues for landlords, and those involved in the real estate, settlement and land valuer industries. (Note: If you do not...
Consumer Protection
Form – registration
26 Jun 2018

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Announcements

Consumer Protection has been granted supervision orders by the State Administrative Tribunal (SAT) to take control of two Perth real estate agencies over the misuse of their trust accounts and inability to operate their businesses within the Real Estate and Business Agents Act. The supervisor’s duties include carrying on the activities of the agent for the purpose of winding up the agency. On 18...
Consumer Protection
Media release
30 Jun 2014
Consumer Protection has sent out a warning to promoters of some property investment schemes who hold “free” public seminars that they must provide information about cooling off periods to attendees. Australian Consumer Law regulators are examining the practices of a number of promoters and WA’s Commissioner for Consumer Protection Anne Driscoll said a common theme had emerged. “In many cases,...
Consumer Protection
Media release
12 Jun 2014
A review of the laws regulating the tenancy arrangements of about 29,000 people who live long-term in residential parks in WA is currently underway.
Consumer Protection
Media release
06 Jun 2014
The Commissioner for Consumer Protection has succeeded in overturning a decision to allow the Director of Westpoint Realty Pty Ltd (in liquidation), Mr Norman Phillip Carey to renew the certificate that allows him to be a real estate agent. A unanimous judgement by the Court of Appeal this morning (9 January 2014) set aside a previous State Administrative Tribunal ruling which meant that Mr Carey...
Consumer Protection
Media release
09 Jan 2014
Consumer Protection has reminded private landlords in WA that they must lodge new security bonds with the Bond Administrator to comply with changes to tenancy laws which came into effect in July this year. There is a transition period for existing bonds, which will need to be transferred to the Bond Administrator by 31 December 2014. The reminder comes after the Perth Magistrates Court fined a...
Consumer Protection
Media release
16 Sep 2013
Businesses can gain a better understanding of their rights and obligations under the Australian Consumer Law thanks to a series of new industry guides. Commissioner for Consumer Protection Anne Driscoll urges businesses operating in five specific industries covered by the guides, to check them out. “The guides are in relation to electrical and whitegoods; travel and accommodation; personal...
Consumer Protection
Media release
30 Aug 2013
A man has been arrested in Nigeria in connection with the attempted fraudulent sale of a home in Western Australia. Ntuen Promise EKENMINI was apprehended by Nigerian authorities yesterday when he attended an international courier office and attempted to collect documents with a forged driver’s licence in the name of the South African home owner. The documents related to a supposed settlement of...
Consumer Protection
Media release
15 Aug 2013
The property industry in WA has been warned to be on high alert after recent attempts by overseas criminals to fraudulently sell two WA homes. In separate incidents, real estate agents were approached by fraudsters who successfully changed the contact details of the real owners of the properties, who both lived in South Africa. Copies of documents related to the management of the properties were...
Consumer Protection
Media release
06 Feb 2013

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