Residential Tenancies Amendment Regulations 1996 (WA)

2904 GOVERNMENT GAZETTE, WA [25 June 1996

Regulations 1996.

FAIR TRADING

FT301

RESIDENTIAL TENANCIES ACT 1987

RESIDENTIAL TENANCIES AMENDMENT REGULATIONS 1996

Made by His Excellency the Governor in Executive Council.

Citation

1.   These regulations may be cited as the Residential Tenancies Amendment

25 June 19961 GOVERNMENT GAZETTE, WA 2905

Commencement

2.     These regulations come into operation on the day on which the

sections 11, 46 and 52, come into operation.	provisions of the Real Estate Legislation Amendment Act 1995, other than
Principal regulations
3. In these regulations the Residential Tenancies Regulations 1989* are
referred to as the principal regulations.

[* Reprinted as at 9 April 1996.1

Regulation hA inserted

4.     After regulation 11 of the principal regulations the following regulation

is inserted -

''

Period prescribed for section 29 (4) (d)

hA. The period of 28 days from the day on which the security bond is paid in accordance with Schedule 1 to the Act is prescribed for the purposes of section 29 (4) (d) of the Act.

Regulation 14 amended

5.     Regulation 14 (2) of the principal regulations is amended by deleting

"and is liable to a fine not exceeding $100".
Regulation 15 amended

6.     Regulation 15 (1) (a) of the principal regulations is amended by deleting

"clause (1) (a) or 7 (1) (a)" and substituting the following -

44

clause 5 (1) (a) or 7 (1) (a) or (3) (a) ".

Regulation 16 repealed and a regulation substituted

7.     Regulation 16 of the principal regulations is repealed and the following

regulation is substituted -

''

Definition of "authorized financial institution" - prescribed

classes

16. For the purposes of the definition of "authorized financial

institution" in clause 1 of Schedule 1 to the Act, the following classes of
bodies are prescribed -

(a)	the class that consists of all banks; and
(b)	the class that consists of all societies.

Regulation 18 amended

8.     Regulation 18 of the principal regulations is amended by deleting the

Table at the foot of the regulation and substituting the following Table -

"

TABLE

Provision of Act	Description of Form
s. 29 (4) (c)	Form 1 (Record of payment of security bond)

2906 GOVERNMENT GAZETTE, WA [25 June 1996

Provision of Act	Description of Form
s. 61 (a)	Form 1A (Notice of termination of agreement for non- payment of rent)
s. 61 (a)	Form lB (Notice of termination of agreement for non- payment of rent)
s. 61 (a)	Form 1C (Notice of termination of agreement)
s. 79 (3) (a)	Form 2 (Notice to former tenant as to disposal of goods)
s. 79 (3) (b)	Form 3 (Notice as to disposal of goods)
Schedule 1, clauses 5 (1) (a),	Form 4 (Joint application for
7 (1) (a) and 7 (3) (a)	disposal of security bond)

Schedule 1, clause 8 (3) and (4)	Form 5 (Notice of intention to	dispute application for
disposal of security bond) 55

Regulation 19 repealed and a regulation substituted

9.     Regulation 19 of the principal regulations is repealed and the following

regulation is substituted -

"

Matters prescribed for clause 6 (1) (b) and (c) of Schedule 1 to	the Act
19. (1) For the purposes of clause 6 (1) (b) of Schedule 1 to the Act,
the interest rate is 70% of the relevant bank accepted bills rate calculated on a daily basis.

(2)	For the purposes of clause 6 (1) (c) of Schedule 1 to the Act -
(a)	interest is to be paid to the Rental Accommodation Fund

within 5 working days of the end of each month; and

the day on which a security bond or part of a security bond

(b) is paid to the tenant or the owner is prescribed as the time

for payment to the tenant of the amount representing

interest above the prescribed rate.

(3) In subregulation (1) -

"relevant bank accepted bills rate" means the 30 day bank accepted bills rate as published in Table F-1 of the "Reserve Bank of Australia Bulletin" for the month that is 2 months before the month in respect of which the interest is to be paid.

(For example, the relevant bank accepted bills rate for May is the 30 day bank accepted bills rate for March.)

Schedule 2 amended

10.     Schedule 2 to the principal regulations is amended -

(a) in clause 1 by deleting "WA Government Book Shop" and substituting the following -

State Law Publisher ";

25 June 19961 GOVERNMENT GAZETTE, WA 2907

(b)	in clause 2 -
(i) by deleting "Consumer Affairs" and substituting the

following -

Fair Trading

(ii)     by deleting "Consumer Affairs" in the second place where it

occurs and substituting the following -

Fair Trading ";

(iii)    by deleting "Consumer Affairs." and substituting the

following -

"

Fair Trading. The Ministry's role is one of mediation and conciliation, it cannot issue orders or make determinations in respect of disputes. ',.

(iv)    by inserting after "court it must" the following -

41 normally ";and

(v)      by deleting "an ordinary court" and substituting the

following -

the General Division of the Local Court

(c)	in clause 3 -
(i) by deleting "exclude or vary" and substituting the

following -

" contract out of "; and

(ii)     by inserting after "This applies to the" the following -

" clauses and ";

(d) by deleting clause 4 and substituting the following clause -

''

4. INFORMATION TO BE GIVEN

THE OWNER OR THE OWNER'S AGENT must give to

the tenant -

(a)	a copy of this form or booklet, before or at the
time the tenancy agreement is entered into;
(b)	a copy of any written tenancy agreement at the
time it is signed by the tenant; and
(c)	a further copy of any written tenancy agreement after it has been signed by both
parties normally within 21 days after the date when the agreement is signed and delivered by the tenant.

AN OWNER who is an individual must ensure that the tenant is notified in writing of the full name and address of the owner and of any head lessor.

If the premises are managed by a licensed real estate agent, an owner can notify the tenant of the agent's address instead of the owner's address.

AN OWNER that is a corporation must ensure that the tenant is notified in writing of the name and address of the secretary of the corporation.

If ownership of premises changes during the tenancy,

these requirements also apply to a new owner.

2908 GOVERNMENT GAZETTE, WA [25 June 1996

A tenant must be notified in writing within 14 days of any change in the details previously notified by the owner.

A TENANT must -

(a)	not give a false name or place of occupation;
(b)	notify the owner of any change of the tenant's place of occupation during the tenancy; and
(c)	give the owner a forwarding address at the end
of the tenancy. ,,.

(e) in clause 5 by deleting the first paragraph (b) and substituting
the following paragraph -

cc

(b) the tenant has quiet enjoyment of the premises which means that the owner must not interfere with the tenant's privacy or use of the premises. This does not apply to situations where the owner is exercising his or her right of entry. ',.

(f)	in clause 7 -
(i) in the firstparagraph (c) by deleting "not break" and substituting the following -

comply with ";and

(ii)     by inserting after the second paragraph (c) the following -

In this clause and in clause 8 "chattels" includes furniture, household appliances and other household items provided with the premises for use by the tenant.

(g)	in clause 8 -
(i) by deleting "THE TENANT may recover the cost of urgent

repairs to the premises or chattels from the owner if—"

and substituting the following -

THE OWNER is required to compensate the tenant for the reasonable cost of urgent repairs to the

premises or chattels if -

(ii)	in paragraph (b) by deleting "not keeping" and substituting	the following -
" failing to keep
(iii)	in paragraph (c) by inserting before "tenant" in the first place where it occurs the following -
" the ";and
(iv)	in paragraph (d) by deleting "on the" and substituting the following -

" as to the cause of the

(h) in clause 9 (iii) by deleting "if any damage is caused by the removal, the tenant must repair it" and substituting the following -

"

the tenant must repair any damage caused by the removal
of a fixture

25 June 19961 GOVERNMENT GAZETTE, WA 2909

(i)      in clause 12 (d) by inserting after "rent" the following -

"

1 January 1997) (where the tenancy agreement is entered into before

(j) in clause 13 by inserting at the end of the clause after "receipt

immediately" the following -

44

,except where payment is received by electronic transfer

(k)	in clause 14 -
(i) in the first paragraph (b) by inserting after "commenced or" the following -

CC

since "; and

(ii) in the second paragraph (b) by deleting "covered" and substituting the following -

excluded or limited

(1)	in clause 15 -
(i) by deleting "$50" and substituting the following -

44 $100 ";

(ii)     by deleting "and" after the second paragraph (a);

(iii) by deleting the second paragraph (b) and substituting the following paragraphs -

Cc

(b)

pay the security bond within 14 days, or in the case of a real estate agent as soon as practicable after receiving the bond, to either -

(i)	the Bond Administrator; or
(ii)	held in an account in the names of the an authorized financial institution to be

owner and the tenant entitled "Tenancy Bond Account" or, if paid by a real estate agent, in an account in the name of the agent entitled "Tenancy Bond Trust

Account";

and

(c)

within 28 days of paying the security bond to the Bond Administrator or an authorized financial institution, give to the person who paid the bond a copy of the record ofpayment in the form contained in Schedule 4 to the Residential Tenancies Regulations 1989 showing -

(i)	the date on which the amount was paid;
(ii)	the amount paid; and
(iii)	in the case of payment to an authorized financial institution, the name of the

financial institution and the name and number of the account into which the amount was paid.

and

2910 GOVERNMENT GAZETTE, WA [25 June 1996

(iv) by deleting the paragraph beginning "INTEREST" and	ending "to the tenant." and substituting the following -
"

INTEREST earned on bond money will be paid into an account called "the Rental Accommodation Fund" and can be used to fund the cost or administering the Act and educating people about the Act and for public housing.

(m) by deleting clause 17 and substituting the following clause -

C

*17. RATES, TAXES AND CHARGES

THE OWNER must pay any rates, taxes and charges for the premises, other than charges for water consumption.

A tenancy agreement may require that the tenant pay in full, or in part, the charges for water consumption.

(n) in clause 18 under the heading "When tenancy may be ended"

by deleting paragraphs (a) to (1) and substituting the following

paragraphs -
''

Breach of agreement (other than non-payment	of rent)
(a) agreement except for not paying rent, the

If a tenant does not keep his or her part of the

owner may give a notice ("the first notice") requiring that the matter be put right.

If the tenant does not put the matter right, then not less than 14 days after the first notice was given the owner may give another notice ("the second notice") to the tenant ending the tenancy not less than 7 days after the second

notice is given.

Breach of agreement (non-payment of rent)

(b) agreement or gives a bad cheque in payment of If a tenant does not pay rent due under the rent due under the agreement, the owner may

either -

(i) give a notice ("the first notice") to the tenant requiring payment of the

outstanding r ent and, it the rent is not

14 days after the first notice was given, notice") to the tenant, not less than	paid, give another notice ("the second
ending the tenancy not less than 7 days after the second notice is given; or

(ii)     the dishonouring of the cheque, give on the day after the rent was due or on

notice to the tenant ending the tenancy not less than 7 days after the notice is given.

In the case of (ii) the tenancy does not end if the tenant pays the rent due under the agreement before the day specified in the notice for vacation of the premises. In addition, an application by the owner to the Local Court to end the tenancy cannot be continued if the tenant pays the rent due together with the amount of any court application fee at least one day before the scheduled court hearing.

25 June 19961 GOVERNMENT GAZETTE, WA 2911

Sale of the rented premises

(c) vacant possession to the purchaser, the owner If an owner sells the premises and has to give

may give notice to the tenant ending the tenancy not sooner than 30 days after the notice is given.

Notice without reason, owner

(d) An owner may, without giving any reason, give

notice to the tenant ending the tenancy not

sooner than 60 days after the notice is given.

Notice without reason, tenant

(e) A tenant may, without giving any reason, give

notice to the owner ending the tenancy not

sooner than 21 days after the notice is given.

Property uninhabitable

(f) cannot be lived in or is taken over by any If the property is wholly or partly destroyed or

authority by legal process, the tenant may give 2 days' notice, or the owner may give 7 days' notice, ending the tenancy.

and

(o) in clause 18 under the heading "Goods left behind" by inserting
after "end of a tenancy." the following -

it

Information about those provisions can be obtained by

contacting the Ministry of Fair Trading. ',

Schedule 4 amended

11.    (1) Schedule 4 to the principal regulations is amended by deleting

Form 1 and substituting the following forms -

44

FORM 1

RESIDENTIAL TENANCIES ACT 1987

Section 29 (4) (c)

RECORD OF PAYMENT OF SECURITY BOND

A. ADDRESS OF RENTED PREMISES

(Suburb) (Postcode)

B.	NAME OF TENANT(S)
Family Name Given Name Initial
C.	NAME AND ADDRESS OF OWNER(S)
Family Name Given Name Initial

2912 GOVERNMENT GAZETTE, WA [25 June 1996

Address

(Suburb) (Postcode)

Business Ph. No Private Ph. No

D. NAME AND ADDRESS OF AGENT (IF APPLICABLE)
Name/Business Name

Address

(Suburb) (Postcode)

Business Ph. No Private Ph. No

E.	DETAILS OF PAYMENT
Amount of security bond $

Date paid to bond holder

F. DETAILS OF BOND HOLDER The security bond is held by - *The bond administrator

(Address)

*

(Name of authorized financial institution)

(Branch) (Account name and number)

('Delete as appropriate)

Note: The tenant must be given a copy of this form within 28 days of the lodgement of the security bond.

FORM 1A

RESIDENTIAL TENANCIES ACT 1987

Section 61 (a)

NOTICE OF TERMINATION FOR NON-PAYMENT OF RENT

(NOTE:	This form is ONLY to be used if not less than 14 days' notice of breach of the agreement to pay rent has been given.)
TO

(Name of tenant(s))

I hereby give you notice of termination of your residential tenancy agreement and require you to deliver up vacant possession of the premises at -

(Address of rented premises)

(Date on which vacant possession of the premises is to be given)

25 June 19961 GOVERNMENT GAZETTE, WA 2913

This notice of NOT LESS THAN 7 DAYS is given to you on the ground that you have breached the agreement to pay rent and the rent or any part of the rent due remains unpaid. (See section 62 of the Residential Tenancies Act 1987.)

Notice of the breach was given to you on

DATE SIGNED:

(Owner/agent)

ADDRESS:

POST CODES

IMPORTANT INFORMATION FOR TENANTS

• The owner is seeking to terminate your residential tenancy agreement and requires you to vacate the premises on the date specified in this notice.

• This notice has no effect unless you were given a notice specifying the breach of the agreement and requiringpayment of the rent not less than 14 days before you were given this notice.

• If you do not vacate the premises, the owner may apply to court for an order terminating your residential tenancy agreement and requiring you to vacate the premises.

• If you pay the rent due under the agreement after receiving this notice, the payment will not prevent the owner applying in court for an order terminating your residential tenancy agreement and requiring you to vacate the premises.

• You should contact the owner or the owners agent immediately to try and resolve this matter.

• You should seek advice immediately if you do not understand this notice or if you require further information.

FORM lB

RESIDENTIAL TENANCIES ACT 1987

Section 61 (a)

NOTICE OF TERMINATION FOR NON-PAYMENT OF RENT

(NOTE:  This form is ONLY to be used if notice of breach of the

agreement to pay rent has NOT been given.)

TO

(Name of tenant(s))

I hereby give you notice of termination of your residential tenancy agreement and require you to deliver up vacant possession of the premises at -

(Address of rented premises)

(Date on which vacant possession of the premises is to be given)

This notice of NOT LESS THAN 7 DAYS is given to you on the ground that you have breached the agreement to pay rent and the rent or any part of the rent due remains unpaid. (See section 62 of the Residential Tenancies Act 1987.)

DATE SIGNED:

(Owner/agent)

ADDRESS:

POST CODES

2914 GOVERNMENT GAZETTE, WA [25 June 1996

IMPORTANT INFORMATION FOR TENANTS

• The owner is seeking to terminate your residential tenancy agreement and requires you to vacate the premises on the date specified in this notice.

• If you pay the rent due under the residential tenancy agreement in full before the date specified in this notice, you do not need to vacate the premises and no further action will be taken.

• If you do not pay the rent due under the agreement in full and do not vacate the premises, the owner may apply to court for an order terminating your residential tenancy agreement and requiring you to vacate the premises.

• The owner cannot continue an application for a court order if you pay to the owner the rent due under the residential tenancy agreement together with the court application fee in full not less than one day before the court hearing.

• You should contact the owner or the owner's agent immediately to try and resolve this matter.

• You should seek advice immediately if you do not understand this notice or if you require further information.

FORM 1C

RESIDENTIAL TENANCIES ACT 1987

Section 61 (a)

NOTICE OF TERMINATION

(NOTE:	This form is NOT to be used in respect of non-payment of rent.)
TO

(Name of tenant(s))

I hereby give you notice of termination of your residential tenancy agreement and require you to deliver up vacant possession of the premises at -

(Address of rented premises)

(Date on which vacant possession of the premises is to be given)

ONLY ONE OF THE FOLLOWING GROUNDS IS TO BE SPECIFIED - DELETE THE OTHER THREE

A. This notice of NOT LESS THAN 7 DAYS is given to you on the ground that you have breached a term of the agreement and the breach has not been remedied. (See section 62 of Residential Tenancies Act 1987.)

Particulars of the breach are -

Notice of the breach was given to you on

(Note:  This notice has no effect unless you were given a

notice specifying the breach and requiring that the breach be remedied not less than 14 days before you were given this notice.)

B. This notice of NOT LESS THAN 30 DAYS is given to you on the ground that the owner has entered into a contract for sale of the premises and under the contract he or she is required to give vacant possession of the premises. (See section 63 of the Residential Tenancies Act 1987.)

25 June 19961 GOVERNMENT GAZETTE, WA 2915

(Note: 

This notice cannot be given during the term of a fixed
term residential tenancy agreement.)

C. 

This notice of NOT LESS THAN 60 DAYS is given to you in exercise of the owner's right to give notice without speciring any

Act 1987.)	ground for doing so. (See section 64 of the Residel Ten ntia ancies
(Note:	This notice cannot be given during the term of a fixed term residential tenancy agreement.)

D. 

This notice of NOT LESS THAN 7 DAYS is given to you on the ground (see section 69 of the Residential Tenancies Act 1987) that the premises, or part of the premises -

* have been destroyed

* have been rendered uninhabitable

* have ceased to be lawfully useable as a residence
* have been appropriated or acquired by an authority by compulsory process

(* delete as appropriate)
The owner believes that this ground applies because

(Note:  This notice can be given during the term of a periodic
or a fixed term residential tenancy agreement.)

DATE SIGNED:

ADDRESS:  (Owner/agent)

POST CODES

SEE OVER FOR IMPORTANT INFORMATION

FORM 1C - REVERSE

IMPORTANT INFORMATION FOR TENANTS

• The owner is seeking to terminate your residential tenancy agreement and requires you to vacate the premises on the date specified in this notice.

• If you do not vacate the premises, the owner may apply to court for an order terminating your residential tenancy agreement and requiring you to vacate the premises.

• You should seek advice immediately if you do not understand this notice or if you require further information.

deleting Form 4 and substituting the following form -	(2) Schedule 4 to the principal regulations is further amended by
44

FORM 4

RESIDENTIAL TENANCIES ACT 1987

Schedule 1, clauses 5 (1) (a) and 7 (1) (a) and (3) (a)

JOINT APPLICATION FOR DISPOSAL OF SECURITY BOND

Reference

2916 GOVERNMENT GAZETTE, WA [25 June 1996

IMPORTANT - Do not sign this form until you have read the

information on the reverse of the form.

A.	THE DATE ON WHICH THE RESIDENTIAL TENANCY AGREEMENT ENDED
B.	ADDRESS OF RENTED PREMISES

(Suburb) (Postcode)

C.	FULL NAME AND NEW POSTAL ADDRESS OF TENANT(S) TO WHOM REFUND SHOULD BE PAID (IF APPLICABLE)
Family Name Given Name Initial

New address

(Suburb) (Postcode)

Business Ph. No Private Ph. No

D.

FULL NAME AND ADDRESS OF OWNER(S)/AGENT TO WHOM REFUND SHOULD BE PAID (IF APPLICABLE)

Family Name!	Given Name	Initial
Agent s Business Name	(If applicable)	(If applicable)

Address

(Suburb) (Postcode)

Business Ph. No Private Ph. No

E.
APPLICATION FOR REFUND OF SECURITY BOND PLEASE PAY OWNERS)/AGENT $ $
PLEASE PAY HOMES WEST
(IF APPLICABLE) $
F.	SIGNATURES OF APPLICANTS
Tenant(s) (Date) (Date) (Date)

Owner(s)!

Agent (Date) (Date)

SEE OVER FOR IMPORTANT INFORMATION

OFFICE USE ONLY

Examined Checked Cheque No. Amount

25 June 19961 GOVERNMENT GAZETTE, WA 2917

FORM 4— REVERSE

IMPORTANT INFORMATION

Signing the form

Do not sign this form until the tenancy has ended and Part E has been completed.

If you are a tenant do not sign this form unless you agree that the amount of the security bond should be disposed of in accordance with Part E as completed.

If you cannot agree on the amounts payable you may need to make an application to the court for a determination on how the security bond is to be disposed of.

All parties to the residential tenancy agreement are required to sign this form.

Changes to the form

Any change to this form must be verified by the full signature of each party to the residential tenancy agreement.

Payment of security bond

Cheques will be drawn payable to the parties in accordance with this application.

If tenants require separate cheques, a written authority must be received from each tenant stating the amount that each of the tenants is to receive.

SEEK ADVICE IMMEDIATELY IF YOU NEED

MORE INFORMATION

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.