Keeping your rental property compliant in WA is crucial for protecting your investment and avoiding hefty fines. This guide explains the essential steps landlords must take to meet legal requirements, including safety standards, documentation, and minimum compliance checks. Whether you’re a seasoned investor or a first-time landlord, understanding rental property compliance in WA is key to staying on the right side of the law while maximising tenant satisfaction.
Owning a rental property in Western Australia (WA) comes with a range of legal responsibilities. Landlords must ensure their properties meet specific safety, health, and legal standards. Failure to comply can lead to penalties, disputes, or even a loss of rental income.
This article outlines the key steps to maintain rental property compliance WA, ensuring both landlords and tenants are protected.
Understand WA’s Rental Regulations
The first step in staying compliant is understanding the Residential Tenancies Act 1987 (WA). This legislation governs rental agreements, landlord obligations, and tenant rights. Familiarise yourself with the Act to ensure you are aware of your legal duties, including providing a safe and habitable property.
Keep updated with changes in laws, as regulations can evolve over time. Joining landlord associations or consulting with property management experts can help you stay informed.
Safety Standards Are Non-Negotiable
One of the core aspects of minimum compliance is meeting safety requirements. This includes:
- Smoke Alarms: All rental properties must have mains-powered smoke alarms installed in line with Building Codes of Australia (BCA). They must be in working order at all times.
- Residual Current Devices (RCDs): At least two RCDs must be installed to protect power and lighting circuits.
- Locks and Security: All doors and windows must have functional locks that meet WA’s security standards.
- Window Safety Devices: Especially in multi-storey dwellings, window restrictors may be required to prevent falls.
Regularly inspect these safety features, and keep records of maintenance and replacements.
Meet the Minimum Compliance for Habitable Standards
WA laws specify that rental properties must be clean, safe, and fit for living. This minimum compliance includes:
- Functional plumbing and electrical systems.
- Weatherproof roofing and walls.
- Adequate ventilation.
- Absence of structural defects or hazards like exposed wires.
Conduct thorough inspections before a new tenancy begins and address any issues immediately. A property condition report should be completed and shared with the tenant to document the state of the property.
Maintain Legal Documentation
Proper record-keeping is essential for rental property compliance WA. Ensure the following documents are accurate and accessible:
- Lease agreements compliant with WA tenancy laws.
- Property condition reports at the start and end of each lease.
- Receipts for rent payments and bond lodgements.
- Maintenance records, including safety checks for smoke alarms and RCDs.
- Notices of rent increases, inspections, or breaches served according to legal timeframes.
Documentation protects landlords in case of disputes and demonstrates compliance during audits.
Bond and Rent Handling
In WA, landlords must lodge the tenant’s bond with the Bond Administrator within 14 days of receipt. Failure to do so is a breach of the Residential Tenancies Act. Ensure rent collection practices are transparent and receipts are provided.
Additionally, any rent increases must follow proper notice periods—at least 60 days written notice. You cannot increase rent within the first six months of a lease or within six months of a previous increase.
Regular Property Inspections
Routine inspections are vital to ensure ongoing rental property compliance in WA. You’re allowed to conduct up to four inspections per year with a minimum of 7-14 days written notice to the tenant. These inspections help identify maintenance needs, potential hazards, and tenant-caused damages early.
Address maintenance issues promptly to avoid larger problems that could result in non-compliance or disputes.
Stay Updated with Compliance Trends
Compliance requirements are not static. WA legislation is frequently reviewed, especially regarding safety and environmental standards. For example, energy efficiency standards for rental homes may become stricter in the future.
Subscribing to updates from the Department of Mines, Industry Regulation and Safety (DMIRS) or seeking advice from a licensed property manager ensures you are always ahead of regulatory changes.
Engage Professional Help
Managing compliance on your own can be overwhelming. Hiring a licensed property manager ensures professional oversight of minimum compliance checks, documentation, tenant communication, and maintenance. Property managers are well-versed in WA tenancy laws and can save landlords from costly mistakes.
