Residential Tenancies Amendment Regulations 2017 (WA)

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3554 GOVERNMENT GAZETTE, WA 30 June 2017

CP302

Residential Tenancies Act 1987

Residential Tenancies Amendment

Regulations 2017

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Residential Tenancies Amendment
Regulations 2017.

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;

(b)

the rest of the regulations — when the Residential Tenancies Amendment Act 2016 section 4 comes into operation.

subclause (2)(b).
3. Regulations amended

These regulations amend the Residential Tenancies

Regulations 1989.

4. Regulation 711 amended

(1) In regulation 7H(1) after the insertion subclause (3) insert:

(4) Use of the Bonds Online eTransactions system is subject to any terms and conditions determined from time to time by the bond administrator and published on the website referred to in

30 June 2017 GOVERNMENT GAZETTE, WA 3555
(2) In regulation 7H(2)(c) after the insertion subclause (1 A) insert:

(1B) Use of the Bonds Online eTransactions system is subject to any terms and conditions determined from time to time by the bond administrator and published on the website referred to in

subclause (l)(c).

5. Regulation 121) inserted
After regulation 12C insert:
121) . Manner prescribed for purposes of section 79(3)(b)
of Act
For the purposes of section 79(3)(b)(i) of the Act, a notice is made publicly available in the prescribed manner if it is published in a newspaper circulating generally throughout all, or most of, the State.

6.             Regulation 12 replaced

Delete regulation 12 and insert:

12E. Information prescribed for section 79(10) of Act

The following information is prescribed as that to be provided by a lessor who makes an application under section 79(10) of the Act -

(a) the name and address of the lessor;
(b) the name of the former tenant;
(c) for each item sold under section 79(8) of the
Act—
(i) a short description of the item; and
(ii) the amount received for the item; and

(iii)      the day on which it was sold;

(d) particulars of the amount claimed by the lessor
for -

(i)      the cost of removing, storing and selling the goods; and

(ii)      money owing by the tenant under the former tenancy agreement.

12. Manner prescribed for purposes of section 85(3)(c)
of Act
For the purposes of section 85(3)(c) of the Act, a notice
required to be given by a competent court under
section 18(2) of the Act is made publicly available in
3556 GOVERNMENT GAZETTE, WA 30 June 2017

the prescribed manner if an electronic version of it is
published on a website maintained for that purpose by
the competent court.

7.            Schedule 4 amended

(1) In Schedule 4 Form 1AA Part B delete clause 27 and insert:

REQUIREMENT TO NEGOTIATE A DAY AND TIME FOR A

PROPOSED ENTRY BY THE LESSOR

27. If it would unduly inconvenience the tenant for the lessor or
property manager to enter the premises as specified in a notice
of an intention to enter premises on a particular day, the lessor
or property manager must make a reasonable attempt to
negotiate a day and time that does not unduly inconvenience the
tenant.
(2) In Schedule 4 Form 1AA Part B clause 5 1 C.2 delete 'to, or
leaving it at," and insert:
to
(3) In Schedule 4 Form 1AA Part C delete:

SIGNED BY THE LESSOR/PROPERTY MANAGER

[Signature of lessor/property manager]

Date:

in the presence of:

[Name of witness]

[Signature of witness]

SIGNED BY THE TENANT

[Signature of tenant]

Date:

in the presence of:

[Name of witness]

[Signature of witness]

30 June 2017 GOVERNMENT GAZETTE, WA 3557

and insert:

SIGNED BY THE LESSOR/PROPERTY MANAGER

[Signature of lessor/property manager]

Date:

SIGNED BY THE TENANT

[Signature of tenant]

Date:

(4) In Schedule 4 Form lAB Part B delete clause 29 and insert:
REQUIREMENT TO NEGOTIATE A DAY AND TIME FOR A
PROPOSED ENTRY BY THE LESSOR
29. If it would unduly inconvenience the tenant for the lessor or
property manager to enter the premises as specified in a notice
of an intention to enter premises on a particular day, the lessor
or property manager must make a reasonable attempt to
negotiate a day and time that does not unduly inconvenience the
tenant.
(5) In Schedule 4 Form lAB Part B clause 5513.2 delete "to, or
leaving it at," and insert:
to
(6) In Schedule 4 Form lAB Part C delete:
SIGNED BY THE LESSOR/PROPERTY MANAGER

[Signature of lessor/property manager]

Date:

in the presence of:

[Name of witness]

[Signature of witness]

SIGNED BY THE TENANT

[Signature of tenant]

Date:

3558 GOVERNMENT GAZETTE, WA 30 June 2017

in the presence of:

[Name of witness]

[Signature of witness]

and insert:

SIGNED BY THE LESSOR/PROPERTY MANAGER

[Signature of lessor/property manager]

Date:

SIGNED BY THE TENANT

[Signature of tenant]

Date:

(7) In Schedule 4 Form 1AC delete:
a bond lodgment form for you to sign (if you are paying a security bond), so that it can be lodged with the Bond Administrator

and insert:

a receipt for any bond that you have paid
(8) In Schedule 4 Form lAD:
(a) delete: 
•  a bond lodgment form for you to sign (if you are paying a security bond), so that it can be lodged with the Bond Administrator

and insert:

a receipt for any bond that you have paid
(b) delete clause 26 and insert:

REQUIREMENT TO NEGOTIATE A DAY AND TIME FOR A

PROPOSED ENTRY BY THE LESSOR

26. If it would unduly inconvenience the tenant for the lessor or
property manager to enter the premises as specified in a notice
of an intention to enter premises on a particular day, the lessor
30 June 2017 GOVERNMENT GAZETTE, WA 3559

or property manager must make a reasonable attempt to
negotiate a day and time that does not unduly inconvenience the

tenant.

(c) in clause 50C.2 delete "to, or leaving it at," and insert:

to

(9) In Schedule 4 Form IC clause 7 delete "30 DAYS" and insert:
60 DAYS
(10) In Schedule 4 delete Forms 2, 3 and 5.

K. H. ANDREWS, Clerk of the Executive Council.

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