Leasing in Western Australia

Leasing in Western Australia

Western Australia (WA) is a state occupying the western portion of Australia. This state produces 46% of the country’s exports. These days, the state’s economy relies mainly on agriculture, mining, and tourism. Bigger employment opportunities mean that your property will be very useful for earning money by leasing in Western Australia.

Leasing your property in the state of Western Australia can be a very profitable business venture. However, you need to learn some important things in order to make your property management job easier. This way, you won’t find yourself in a complicated situation especially during the occupancy of your very first tenant.

Leasing in Western Australia: Frequently Asked Questions

What are the necessary documents and permits do you need for leasing in Western Australia?
What are the important documents I need to require potential tenants?
How do I craft a tenancy contract?
How do I settle disputes concerning tenants?
How can I make property management easier?

What are the necessary documents and permits do you need for leasing in Western Australia?

Leasing your property in Western Australia for the first time may require a little bit more paperwork than expected. Before you can start calling out potential tenants, you need to secure important documents to make sure that everything that you do is legal. However, once done correctly, this will ensure that your business will run smoothly and without conflict to any laws, whether state or federal.

Here are some of the permits that you need to begin your leasing in Western Australia:

  • Planning and Building Permit. If your property needs to undergo some repairs or major modifications, you need to secure a planning and building permit first.
  • Heritage Permit. Is your property located on or near a heritage site? If so, then you cannot simply conduct any kind of repair or major construction without the approval of the Heritage Council. You can get the permit on the Heritage Council of Western Australia.  
  • Swimming Pool and Spa Permit. As a swimming pool owner, it is your foremost duty to ensure the safety of the tenants that are going to use the facility. In Western Australia, any swimming pool or spa with water that is deeper than 300mm needs to have a proper barrier to protect small children from drowning. This requirement applies to in-ground spas and pools, above-ground spas and pools, indoor spas and pools, and wading pools.

Leasing in Western Australia

What are the important documents I need to require potential tenants?

Requiring your potential tenants proper documents will make your job as a landlord stress-free.

Here are some of the documents you can require them:

  • Proof of identity
  • Character references
  • Rental history
  • Employment details
  • Proof of income
  • Recent bank statements

Once they have submitted these documents, ask them for permission to call the names that they have supplied for character references.

The information about their rental history and proof of income will give you a glimpse about their behaviour inside a property and their capacity to pay their rent on a timely manner.

 

How do I craft a tenancy contract?

All agreements, whether verbal or written are considered binding and legal. However, it would be to your advantage if all the agreements that you are going to enter with a tenant are in written form. This way, you can provide evidence of their breach of contract in case you have a dispute with your tenant.

According to the Department of Commerce, all written tenancy agreements must be done using the official residential tenancy agreement (Form 1AA).

Depending on their tenancy preference, there are basically two kinds of contracts that you can offer them:

  • Fixed-term contract. A fixed-term contract has a definite end date. For instance, your tenant has decided to lease your property for six to twelve months. Your duties and responsibilities as a landlord, as well as their duties and responsibilities as a lessor will begin from the start of the specified date until the very last day of the specified end date of the agreement.
  • Continuing contract. A continuing contract has no specific end date. Your duties and responsibilities as a landlord will never cease as long as the tenant is using the property. You can only end the agreement if the lessor states that he is ending the tenancy or if they violated any the rules and regulations of the contract without making an effort to resolve the dispute in an friendly manner.  

Leasing in Western Australia

How do I settle disputes concerning tenants?

It is not uncommon for a landlord and a tenant to find themselves in a dispute. This may stem on an alleged breach of any part of the tenancy agreement by either party. In any case, disputes need to be solved first amicably before deciding to terminate the contract.

You can settle a dispute with your tenant by talking to them personally. Communication is an important key to resolving any kind of conflict arising from the property. Know your tenant’s work schedule in order to arrange a proper meeting with them. If they have no time, you can also talk to them over the phone.

If you still can’t bring the dispute to an agreeable resolution, you can issue the tenant a written notice.

A written notice that you can issue the tenant is pursuant to Residential Tenancies Act 1987. It is very crucial to note all the important details such as the name of the tenant, the address of the property, the date when the contract was signed, and the nature of the breach that the tenant has committed.

If none of these methods work out, only then you can proceed to settle the issue through a third-party mediator.

The Western Australia Department of Consumer and Employment Protection and a Magistrates Court will act as the third-party mediator in your pursuit to bring your tenancy dispute to a favourable conclusion. They will schedule a meeting between you and your tenant and will try to sort things out in a legal manner.

 

How can I make property management easier?

Managing a property is not as easy as it seems, especially if this is your first time doing so. There are many instances wherein the landlord loses a tenancy dispute case because they don’t know how to manage their own property.

Here are some suggestions that would make your work as a landlord or property manager easier:

  • At the beginning of the tenancy, make sure that you tell the lessor their duties and responsibilities inside the property. As much as possible, ask them if they have understood every stipulation on the contract before turning over the house to them.
  • Always give prior notice before scheduling and conducting repairs and maintenance. A week’s worth of notice to the tenant before conducting any repair or maintenance work is sufficient. Once they have received your notice, they can give you permission to enter the property and do the work.
  • Make sure to regularly ask the tenants for any updates concerning the condition of the property. This way, you can easily prepare the budget needed for repairs and maintenance.

It certainly pays to know your rights, duties, and responsibilities as a landlord. These guidelines will make your property management hassle-free. If you have other concerns, you can also read the Housing Authority’s Rental Policy Manual.

 

Professional property managers are always updated with the current regulations regarding tenancy, especially in the specific state they have been working in. If you are looking for property managers in Western Australia, send us a message and we'll connect you with a reputable property manager to fulfill your needs.