A rental agreement sets out the rights and responsibilities of the landlord and the tenant. These can also be called tenancy agreements or leases.

There are two types of rental agreements:

1. Periodic - an agreement with no end date.
2. Fixed term - an agreement with a set end date

What tenants must be told and given

Before moving in, the landlord must give the tenant:

• A copy of the written agreement (if you have one) in Consumer Protection’s  Form 1AA within 14 days of signing.
• An Information for tenant sheet which covers their rights and responsibilities under the rental laws. (1AC for written agreements or 1AD for verbal agreements)
• Two copies of the property condition report within seven days of starting the tenancy.
• A copy of any rules or by-laws if the home is in a community title or strata scheme.
• A completed bond lodgement form to sign.
• Keys to the home.

There are three parts to the tenancy agreement.

• Part A covers the details of tenant and landlord. It also includes how rent and bills will be managed.
• Part B lists a tenant’s basic rights and responsibilities. It cannot be changed.
• Part C can include extra information and obligations such if the home has a pool or shed. Part C can also include any problems or damage noticed that the landlord has agreed to fix. Part C cannot go against or remove any rights under tenancy or consumer laws.

Tenants need to understand their responsibilities. Signing the agreement means they are willing to meet these responsibilities.

First property condition report

The tenant must be given two copies of a property condition report (PCR) within seven days of moving in.

Tenants should:

• check the report carefully,
• change anything they think is not correct on both copies,
• keep a copy of the changes made, and
• send a copy back within seven days of receiving it.

It is considered that the tenant has agreed with the PCR if they do not respond within the seven days.

More information about property condition reports are available on property condition report page.

Granny flats

The type of agreement used for granny flat depends if the person renting the flat is a:

• tenant: renter has exclusive rights to the space. They can stop anyone, including the landlord from entering their home.
• boarder or lodger: landlord keeps control of the property. More information on boarders and lodgers page.

If the renter is a tenant, then the rules under the Residential Tenancies Act applies. This includes rules about rental agreements, bonds, security, paying rent and privacy rights.  

Housing Authority homes

The Housing Authority and its tenants are all bound by the residential tenancy laws.

Who is not covered under the Residential Tenancies Act?

Residential tenancy laws do not apply to:

• boarders and lodgers;
• most long-stay caravan and park home residents;
• retirement villages;
• holiday accommodation;
• hotels/motels;
• colleges;
• educational institutions (unless a for profit organisation provides the accommodation);
• hospitals/nursing homes; or
• certain homes for aged or disabled persons.

Forms and publications

Forms and notices:

There are forms and notices which must be used (prescribed) and others to help with common issues. For example, forms for rental applications, ending a tenancy, requesting a pet or minor change, and breach notices.

Publications

The renting guides below give landlords and tenants with advice about renting a home for landlords/lessors and tenants.

• Renting out your property - a lessors guide
• Renting a home in Western Australia - a tenants guide