Residential Tenancies Amendment Regulations 2015 (WA)

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21 August 2015 GOVERNMENT GAZETTE, WA 3311
CONSUMER PROTECTION
CP301*
Residential Tenancies Act 1987

Residential Tenancies Amendment
Regulations 2015

Made by the Governor in Executive Council.
1.             Citation

These regulations are the Residential Tenancies Amendment
Regulations 2015.
2.             Commencement
These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette (gazettal day);
(b) regulations 3, 4 and 5 — on the day after gazettal day;
(c) regulation 6 — on the 7th day after gazettal day;
(d) regulations 7 and 9 — on the 30th day after gazettal day;
(e) regulation 8 — on the 60th day after gazettal day.
3.             Regulations amended

These regulations amend the Residential Tenancies
Regulations 1989.
4.             Regulation 5AB amended
In regulation 5AB:

(a) in paragraph (b)(iii) delete “sub-let.” and insert:
sub-let;

(b) after paragraph (b) insert:

(c) a residential tenancy agreement if —
(i)      the agreement is renewed or extended; and
(ii)      there has been no change to the parties to the agreement; and
(iii)      any material changes to the agreement are agreed in writing between the parties to the agreement.

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GOVERNMENT GAZETTE, WA

21 August 2015

5.             Regulation 5BA inserted
After regulation 5A insert:

5BA. Exemptions from section 29(8) of the Act
Under section 6(a) of the Act it is provided that
section 29(8) of the Act does not apply in relation to a
residential tenancy agreement if the application form
referred to in Schedule 1 clause 5(1)(a) is signed by the
tenant in the following circumstances —
(a) either —
(i)      there has been a decrease in the rent payable under the agreement; or
(ii)      a bond has been collected from the tenant in relation to a pet that the tenant was permitted to keep on the premises and the pet is no longer being kept on the premises;

(b) the sole purpose for the tenant signing the form is to effect payment to the tenant of only part of the security bond paid in relation to the
agreement;

(c) at the time the application form is signed by the tenant the form includes details of the amount to be paid to the tenant.

6. Regulation 7D replaced
Delete regulation 7D and insert:

7D. Modified application of section 70A of the Act for
Foyer Oxford

(1) In this regulation —
Foyer Oxford means the premises of that name located
at 196 Oxford Street, Leederville, Western Australia.
(2) This regulation applies to a residential tenancy
agreement that —

(a)

creates a tenancy in respect of a residential unit in Foyer Oxford for a fixed term of 6 weeks or less; and

(b)

is not the renewal or extension of an agreement; and

(c)

is entered into between a tenant and Foundation Housing Limited.

21 August 2015 GOVERNMENT GAZETTE, WA 3313

(3) Under section 6(a) of the Act it is provided that
section 70A of the Act shall apply to a residential
tenancy agreement as if section 70A(3) were modified
by deleting “30 days” and inserting:
7 days
7. Schedule 4 Form 1AA amended

(1) In Schedule 4 Form 1AA Part A before “TERM OF
AGREEMENT” insert:
Giving of notices and information by electronic means
Indicate below for each of the following persons whether the person agrees to notices and information being given by email or facsimile under the Electronic Transactions Act 2011.
Lessor

Email: Yes /No  Facsimile: Yes /No 
[insert email address or facsimile number if different from contact
details above]
Tenant(s)

Email: Yes /No  Facsimile: Yes /No 
[insert email address or facsimile number if different from contact
details above]
Lessor’s property manager

Email: Yes /No  Facsimile: Yes /No 
[insert email address or facsimile number if different from contact
details above]

(2) In Schedule 4 Form 1AA Part B:

(a) delete clause 46 and insert:
46. The lessor agrees that if the lessor or the property manager applies to the Bond Administrator for all or part of the security bond to be released to the lessor, the lessor or property manager will provide the tenant with evidence to support the amount that the lessor is claiming.

(b) in clause 49 delete “terminated” insert:
terminated, the rent to be paid under the tenancy agreement is
decreased or a pet is no longer kept at the premises,

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21 August 2015

(c) after clause 50 insert:
NOTICES

51A. A notice under this agreement must be given:

51A.1 in the prescribed form; or
51A.2 if there is no prescribed form but there is an approved
form — in the approved form; or
51A.3 if there is no prescribed form or approved form — in
writing.
51B. A notice from the tenant to the lessor may be given to the
property manager or the lessor’s agent.
51C. A notice under this agreement may be given to a person:

51C.1 by giving it to the person directly; or
51C.2 if an address for service for the person is given in the
agreement — by posting it to, or leaving it at, the
address for service; or
51C.3 if the person has agreed under Part A to the electronic service of notices — by sending the notice to the email address or facsimile number given in Part A.
51D. A person may withdraw his or her consent to a notice being
given to the person by email or facsimile by giving a notice to
that effect to each other party to the agreement.
8. Schedule 4 Form 1AB amended

(1) In Schedule 4 Form 1AB Part A before “TERM OF
AGREEMENT” insert:
Giving of notices and information by electronic means
Indicate below for each of the following persons whether the person agrees to notices and information being given by email or facsimile under the Electronic Transactions Act 2011.
Lessor

Email: Yes /No  Facsimile: Yes /No 
[insert email address or facsimile number if different from contact
details above]
Tenant(s)

Email: Yes /No  Facsimile: Yes /No 
[insert email address or facsimile number if different from contact
details above]

21 August 2015 GOVERNMENT GAZETTE, WA 3315

(2) In Schedule 4 Form 1AB Part B:

(a) delete clause 51 and insert:
51. The lessor agrees that if the lessor or the property manager applies to the Bond Administrator for all or part of the security bond to be released to the lessor, the lessor or property manager will provide the tenant with evidence to support the amount that the lessor is claiming.

(b) in clause 54 delete “terminated” insert:
terminated, the rent to be paid under the tenancy agreement is
decreased or a pet is no longer kept at the premises,

(c) after clause 54 insert:
NOTICES

55A. A notice under this agreement must be given:

55A.1 in the prescribed form; or
55A.2 if there is no prescribed form but there is an approved
form — in the approved form; or
55A.3 if there is no prescribed form or approved form — in
writing.
55B. A notice under this agreement may be given to a person:

55B.1 by giving it to the person directly; or
55B.2 if an address for service for the person is given in the
agreement — by posting it to, or leaving it at, the
address for service; or
55B.3 if the person has agreed under Part A to the electronic service of notices — by sending the notice to the email address or facsimile number given in Part A.
55C. A person may withdraw his or her consent to a notice being
given to the person by email or facsimile by giving a notice to
that effect to each other party to the agreement.
9. Schedule 4 Form 1AD amended
In Schedule 4 Form 1AD under the heading “STANDARD

TERMS APPLICABLE TO ALL RESIDENTIAL TENANCY
AGREEMENTS”:

(a) delete clause 45 and insert:
45. The lessor agrees that if the lessor or the property manager applies to the Bond Administrator for all or part of the security bond to be released to the lessor, the lessor or property manager

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21 August 2015

will provide the tenant with evidence to support the amount that
the lessor is claiming.

(b) in clause 48 delete “terminated” insert:
terminated, the rent to be paid under the tenancy agreement is
decreased or a pet is no longer kept at the premises,
(c) after clause 49 insert:
NOTICES

50A. A notice under this agreement must be given:

50A.1 in the prescribed form; or
50A.2 if there is no prescribed form but there is an approved
form — in the approved form; or
50A.3 if there is no prescribed form or approved form — in
writing.
50B. A notice from the tenant to the lessor may be given to the
property manager or the lessor’s agent.
50C. A notice under this agreement may be given to a person:

50C.1 by giving it to the person directly; or
50C.2 if an address for service for the person is provided by
the person — by posting it to, or leaving it at, the
address for service; or
50C.3 if the person has agreed in writing to the service of
notices by email or facsimile — by sending the notice
to the email address or facsimile number provided by
the person.
50D. A person may withdraw his or her consent to a notice being
given to the person by email or facsimile by giving a notice to
that effect to each other party to the agreement.
N. HAGLEY, Clerk of the Executive Council.
———————————

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Residential Tenancies Amendment Regulations 2015 (WA)

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(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette (*gazettal day*);
(b)	regulations 3, 4 and 5 — on the day after gazettal day;
(c)	regulation 6 — on the 7th day after gazettal day;
(d)	regulations 7 and 9 — on the 30th day after gazettal day;
(e)	regulation 8 — on the 60th day after gazettal day.

5BA.	Exemptions from section 29(8) of the Act
Under section 6(a) of the Act it is provided that section 29(8) of the Act does not apply in relation to a residential tenancy agreement if the application form referred to in Schedule 1 clause 5(1)(a) is signed by the tenant in the following circumstances —

7D.	Modified application of section 70A of the Act for Foyer Oxford
(1)	In this regulation —
*Foyer Oxford* means the premises of that name located at 196 Oxford Street, Leederville, Western Australia.
(2)	This regulation applies to a residential tenancy agreement that —

(a)	creates a tenancy in respect of a residential unit in Foyer Oxford for a fixed term of 6 weeks or less; and
(b)	is not the renewal or extension of an agreement; and
(c)	is entered into between a tenant and Foundation Housing Limited.

(3)	Under section 6(a) of the Act it is provided that section 70A of the Act shall apply to a residential tenancy agreement as if section 70A(3) were modified by deleting “30 days” and inserting:
7 days

(1)	In Schedule 4 Form 1AA Part A before “TERM OF
AGREEMENT” insert:

(1)	In Schedule 4 Form 1AB Part A before “TERM OF
AGREEMENT” insert:

(b)	in clause 48 delete “terminated” insert:
terminated, the rent to be paid under the tenancy agreement is decreased or a pet is no longer kept at the premises,
(c)	after clause 49 insert: