Hi all,

Further to reading posts saying that '6 months' rent had been asked
for up front', I decided to contact REBA and find out exactly what is
legal and what isn't.

Please note that if a prospective tenant decides to 'offer' 6 months'
(or x number of months' rent) and the agent accepts this, the agent
hasn't done anything wrong. However, an agent cannot ASK a
prospective tenant for this money up front. Anyway, this was the
response to my email, which discussed my concern at people in W.A. and
specifically Perth being asked for a lot of money up front. I hope
this helps those moving across to Perth when it comes to renting.

Best of luck with your move.

[I haven't included the attachments as I'm posting directly to
usenet.]

------

Thank you for your email. Your query has been forwarded to me for a
response on
behalf of Consumer Protection.

The simple answer to your query is "No, neither agents nor owners
(private landlords)
are able to require (ask) for anything other than two weeks rent in
advance, a security bond
(equivalent of 4 weeks rent maximum), pet bond (maximum $100 in total)
and perhaps a letting
fee (agents only)."

The Residential Tenancies Act 1987 (WA), section 27(1) provides that
"Subject to
subsection (2), a person shall not require or receive from a tenant or
prospective tenant
any monetary consideration for or in relation to entering into,
renewing, extending or
continuing a residential tenancy agreement other than rent and a
security bond."

Subsection (2) provides for some exceptions to the above.

Section 28(1) of the Act provides that "A person shall not require
before or during the
first 2 weeks of the tenancy under a residential tenancy agreement as
rent under the
agreement an amount exceeding 2 weeks' rent."

Section 28(2) of the Act provides that "A person shall not require any
payment of rent
(other than the first payment) under a residential tenancy agreement
until the period of the
tenancy in respect of which any previous payment has been made has
elapsed."

I have taken the liberty of enclosing a copy of the latest
publications relating to tenancies in WA. One is written from the
tenant's point of view and the second from the
owner's.

Should any of your contacts experience a situation whereby the
agent/landlord/owner is
requiring or has requested any amount in excess of the two weeks rent,
security bond
(equivalent of 4 weeks rent), pet bond ($100 max) or a letting fee
(only agents can ask)
then we would want to advise that an option they may wish to consider
would be to complete a
written complaint form (also attached) and provide all
documentation/evidence so that
Consumer Protection can examine this matter further.

I hope the above has been of assistance to you. More detailed forms
and information can be
obtained from the DOCEP website at: www.docep.wa.gov.au or by phoning
the general
enquiries line on 1300 30 40 54.

Great post McG!

Thanks for sharing, this will prove really useful info for when we ge
out there later this year, hopefully (touches wood, clutches luck
rabits foot etc)...

Regards

Mar

--
Mar
Posted via http://www.gettingdownunder.co.u