Residential Tenancies Regulations 1989

is administered by the bond administrator and accessible through the Department’s website; and

facilitates payments, applications and other processes under the Act in relation to security bonds;

the Housing Act 1980 section 62B(1); or

the Housing Regulations 1980 regulation 6D(1);

Any residential tenancy agreement in respect of premises in a retirement village is a prescribed agreement for the purposes of section 5(2)(g) of the Act.

In subregulation (1) retirement village has the same meaning as in the Retirement Villages Act 1992.

A residential tenancy agreement to which this regulation applies is a prescribed agreement for the purposes of section 5(2)(g) of the Act.

This regulation applies to a residential tenancy agreement between a local government, management body as defined in section 3(1) of the Land Administration Act 1997, or a State Government agency and an occupant of a coastal shack, for the purposes of implementing the Government’s policy on the removal of squatters from lands of the Crown, being an agreement —

entered into with the approval of the Minister for Lands under power conferred by Order under section 33(2) of the Land Act 1933 ¹; or

entered into with the approval of the Minister for Lands under power conferred by Order under section 46(3)(a) of the Land Administration Act 1997; or

entered into by a State Government agency under powers conferred by another Act, over lands of the Crown vested in that agency.

The Governor, the Minister within the meaning of the Land Act 1933 ¹, or other person acting on behalf of the Crown in exercise of a specified power is prescribed for the purposes of section 5(2)(f) of the Act.

In subregulation (1) specified power means the power to grant or issue a lease or licence under section 32(1) or (2), 38(1), 41A(1), 43, 45A(1), 45B(1), 47(4), 53, 86, 116 or 117, or under Part VI, of the Land Act 1933 ¹, or under the War Service Land Settlement Scheme Act 1954.

A residential tenancy agreement entered into in pursuance of a direction to lease given under section 33(3)(a) of the Land Act 1933 ¹ is a prescribed agreement for the purposes of section 5(2)(g) of the Act.

a residential tenancy agreement in relation to premises to which a housing management agreement applies;

a residential tenancy agreement if —

the Housing Authority is a party to the agreement; and

the agreement provides that, or is deemed to contain a provision to the effect that, the tenant may sub‑let the premises; and

the agreement is entered into by the Housing Authority on the basis that the premises will be sub‑let;

a residential tenancy agreement if —

the WA Country Health Service is the tenant under the agreement; and

the agreement provides that, or is deemed to contain a provision to the effect that, the tenant may sub‑let the premises; and

the WA Country Health Service entered into the agreement on the basis that the premises will be sub‑let to a person employed or engaged by the WA Country Health Service;

a residential tenancy agreement if —

the agreement is renewed or extended; and

there has been no change to the parties to the agreement; and

any material changes to the agreement are agreed in writing between the parties to the agreement.

deleting “A lessor” and inserting:

A lessor

inserting at the end of section 27A:

However, the lessor, and property manager, if any, do not commit an offence against subsection (1) if the written residential tenancy agreement has been amended only to the extent necessary to —

reflect the terms that lawfully apply to the agreement; or

make incidental changes because the agreement has been amended under paragraph (a).

the agreement is renewed or extended; and

there has been no change in the parties to the agreement.

This regulation applies if —

a residential tenancy agreement (the previous agreement) for residential premises (the premises) has terminated under section 60(1)(i) of the Act; and

a person who was occupying the premises immediately before the previous agreement terminated is the tenant under a residential tenancy agreement (the current agreement) for the premises; and

the Housing Authority was the lessor under the previous agreement and is the lessor under the current agreement.

Under section 6(b) of the Act it is provided that section 27C(1) of the Act applies to the premises and, under section 6(c) of the Act, to the Housing Authority and a property manager acting on behalf of the Housing Authority as if it were modified by deleting “7 days after a tenant has entered into occupation of residential premises under” and inserting:

In this regulation —

This regulation applies if the Housing Authority is the lessor of residential premises (the premises) that are located more than 100 km from the nearest office of the Housing Authority.

Under section 6(b) of the Act it is provided that section 27C of the Act shall apply to the premises and, under section 6(c) of the Act, to the Housing Authority and a property manager acting on behalf of the Housing Authority, as if it were modified as follows —

in subsection (4) delete “14 days,” and insert:

after subsection (4) insert:

The Housing Authority or a property manager acting on behalf of the Housing Authority is not required to comply with subsection (4) within 28 days after the termination of a tenancy if, in that period, the Housing Authority or property manager is unable to inspect the residential premises because —

of weather conditions or road closure; or

the premises are premises to which a housing management agreement applies, and a person of Aboriginal descent in relation to the community that lives on the land on which the premises are located has refused the Housing Authority or property manager access to the land.

This regulation applies if —

a residential tenancy agreement (the previous agreement) for residential premises (the premises) has terminated under section 60(1)(i) of the Act; and

the Housing Authority was the lessor under the previous agreement; and

the Housing Authority intends to enter into as lessor, or is the lessor under, a new residential tenancy agreement for the premises with a person who occupied the premises immediately before the previous agreement terminated.

Under section 6(b) of the Act it is provided that section 27C(4) of the Act does not apply to the premises or, under section 6(c) of the Act, to the Housing Authority or a property manager acting on behalf of the Housing Authority.