Contact Consumer Protection
Tel: 1300 30 40 54
consumer@demirs.wa.gov.au
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There are rules to how a property is advertised and how applications are managed.
Tenants should visit as many properties as they can to see which one meets their needs. Check if the property has the features you want for example fencing, yard space, air conditioning or off-street parking. Check if the location is close by to important services like schools, shops, medical centres and transport.
Landlords must:
Rent bidding is banned in Western Australia. This means a landlord cannot encourage or pressure a tenant to offer more than the rental amount.
A landlord cannot say phrases like:
A tenant can offer to pay more rent if they want to. A landlord can not suggest this as an option.
If a tenant asks if they should offer a higher rent, the landlord must not encourage a higher rent. The landlord should say something like “I am not able to comment on that. You need to make your own decision about the rent you can pay”.
If a landlord or agent asks or encourages a tenant to offer more money, report them to us on 1300 30 40 54.
Landlords can ask a new tenant to complete an application form. The landlord can use the applications to assess which tenant they would like in the home.
A landlord can also check a tenancy database. The landlord must let the tenant know, in writing, if use a tenancy database. The landlord must give the tenant a copy of any information they find.
A landlord must treat rental applicants equally and fairly. The Equal Opportunity Commission has further information about anti-discrimination.
A landlord can charge an option fee to tenants who apply for the home. The fee is capped at $50 or $100 (depending on the rent and location of the property as below). It must be returned to the tenant at the end of the application process.
Weekly Rent of the Property | Location of the Property | |
---|---|---|
Above 26th parallel (Shark Bay) | Below 26th parallel (Shark Bay) | |
$0 to $500 | $50 maximum | $50 maximum |
More than $500 and less than $1200 | $100 maximum | $100 maximum |
$1200 or more | $100 maximum | $1200 maximum |
* Note: The town of Denham in Shark Bay is just north of the 26th parallel. It is the extension of the boundary line between Norther Territory and South Australia
If the application is successful, the option fee paid must be deducted from the first rent payment or paid back to the tenant.
If the application is refused, the money must be returned within seven days.
Whether you are a landlord or tenant make sure you do your homework before signing a rental agreement.
Before you apply or sign an agreement:
Make sure you know your rights and responsibilities.
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