Guest bricky luke Posted December 4, 2007 Posted December 4, 2007 Can someone help please?:err: what sort of information will i need to produce to be able to start renting a house or apartment in oz? Thanks Luke and Lynsey:smile:
Bobcat Posted December 4, 2007 Posted December 4, 2007 Can someone help please?:err: what sort of information will i need to produce to be able to start renting a house or apartment in oz? Thanks Luke and Lynsey:smile: If you are coming to Perth the following might put you in the picture as to what some of the ins and outs are? In WA at present the rental market is pretty hot and competition is rife at viewings............... best if you bring any references from previous landlords you have. If you have none.......... bring character references and associated paperwork to prove what your earnings have been............. and proof of any regular bills paid. FREQUENTLY ASKED QUESTIONS What is the legislation governing residential tenancies in Western Australia? The Residential Tenancies Act 1987 sets out the rights and responsibilities of tenants and property owners/agents (landlords) in Western Australia. People with a residential tenancy agreement renting private residences, public housing, community housing or living in caravan parks throughout Western Australia are covered by the Act. What types of rental accommodations are NOT covered by the Act? Those not covered by the Act include: students living in educational institutional or college housing, hospital or nursing home residents, boarders and lodgers, people living in holiday accommodation or accommodation for holiday purposes, and aged people's housing. Only caravan park tenants who rent both the caravan and the site are definitely covered by the Residential Tenancies Act. People who use their own caravan and rent only the site, may be covered by the Act. Is it necessary to have a written tenancy agreement? The tenancy agreement can be either written or verbal, or partly written and partly verbal. However, verbal agreements can be difficult to determine. A written agreement is preferable as it clearly sets out the relationship and the rights and responsibilities of each party. What about a signed property condition report? A property condition report is not required by law. However, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the report. On move-out, both parties should inspect the premises and fill in another copy of the report, and negotiate (if possible) or make note of any disputed items. How much can the landlord charge for a rental bond? The most you can be charged for a security bond is 4 weeks rent unless: o the rent is more than $500 per week (then there is no limit); or o the owner has lived in the premised as their main place of residence for at least 3 months, and has just moved out (then there is no limit). The bond is paid as security to the owner for any damage to the premises that may occur and/or for any monies you may owe at the end of the tenancy. The landlord cannot ask for more than one security bond, or for more than four weeks rent as a bond (unless allowed under s29(2) of the Act. The bond money is held during the tenancy in an account with either an authorised financial institution (either in a trust account or individual account), or with the Bond Administrator. Under the Act, the bond may be increased once a year if the rent increases, as long as the bond does not exceed the equivalent of four weeks rent. There is no interest payable on money lodged with the Bond Administrator. If the money is held by a financial institution, the financial institution is required to pay interest at a rate set by the Residential Tenancies Regulations (1989). All of the bond money should be returned to the tenant at the end of the tenancy unless the tenant owes the landlord for unpaid rent, damage, water or other costs under the rental agreement. These amounts will be deducted from the bond money and the tenant will be liable for any over-run. In order to have the bond money withdrawn from the account, either the original signatories to the bond lodgement account (i.e. the landlord and the tenant) must sign a Joint Application for Disposal of Security Bond Form, or an order for the release of the bond money must be made by the court. What other fees can the landlord charge? The landlord can charge a pet bond if the tenant has a pet (not to exceed $100, regardless of whether the tenant has more than 1 pet). The landlord can keep the pet bond for up to 14 days after the end of the tenancy, to determine if fumigation is necessary. If it is not necessary, the pet bond must be returned in full. It cannot be used for any other purpose. An option fee is sometimes charged when making an application for tenancy. The option fee is usually no more than 1 week's rent, and the money is returned if the application is unsuccessful or deducted from the rent if the application is successful. The landlord is NOT permitted to ask a tenant to pay more than a fortnight rent before or during the first two weeks of a tenancy agreement, or requesting another rent payment before the first payment has expired. The landlord is also not permitted to request post-dated cheques for rent. The property owner is responsible for paying all rates and taxes on the property. Also, tenants in strata complexes should NOT be charged strata fees. When is the landlord allowed to increase the rent? Under a fixed term tenancy (such as 6 months, 1 year, etc), the rent can only be increased if there is a specific clause in the agreement which allows for an increase before the end of the term. The landlord must give the tenant at least 60 days written notice before raising the rent. The landlord cannot increase the rent more than once every 6 months. This applies even if more people move into the premises. How can a tenancy agreement be terminated? A fixed term tenancy expires on the date set out in the agreement and generally cannot be terminated earlier unless the parties agree in writing to earlier termination. A period tenancy (such as month-to-month) can be ended by the tenant giving 21 days written notice to the landlord. The tenant must also supply a forwarding address in writing, or risk being fined under the Act. If the landlord wishes to end the tenancy for no reason, s/he must give the tenant at least 60 days notice in writing. If the premises are being sold, the landlord must give the tenant at least 30 days written notice. If the premises have been rendered uninhabitable or been taken over by legal process, the landlord must give at least 7 days written notice. Can a tenant sublet the premises? A tenant may only sublet if the tenancy agreement allows for this or the tenant has obtained the landlord's permission to sublet in writing. The landlord cannot unreasonably refuse permission for a tenant to sublet if the tenancy agreement allows it. When is the landlord permitted to enter the premises? Under Section 46 of the Act, the landlord has the right to enter the property after giving notice to the tenant stating why and when they intend to enter the property. The landlord must give the tenant notice BEFORE they enter the property. Entry must be at a reasonable time of day. Notice is not required in case of emergency, or if the tenant consents. The landlord can enter the premises for the following reasons on the following advance notice: 1. For the purpose of inspecting the premises: at least 7 days written notice should be given. This notice should be in writing and specify the date and time at which the inspection will be done. The inspection should be done at a reasonable hour. 2. To carry out or inspect NECESSARY repairs: 72 hours notice should be given. The landlord or tradesperson may only enter at a reasonable hour. This does not include general renovations; only necessary repairs or maintenance. 3. To show prospective tenants through: in the last 21 days of the tenancy; OR to show prospective purchasers through: providing they come at a reasonable hour, after having given reasonable notice and only a reasonable number of times. 4. To inspect the property while collecting rent BUT not more than once every 4 weeks. On what grounds can a landlord evict a tenant? A landlord can evict a tenant for several reasons, including failure to pay the rent as it comes due, for a breach of a condition of the rental agreement, for holding over (refusing to move) after the rental agreement expires, for causing or permitting serious damage to the rental premises or injury to the landlord, neighbours or guests. The landlord must first give the tenant proper notice as prescribed by the Act. If the tenant does not either move out or correct the default within the time set out in the notice, the landlord can proceed with the eviction action. It is illegal for a tenant to evict a tenant without a court order. A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies. It is against the law under the Equal Opportunity Act (WA) to discriminate in accommodation on the basis of age, race, sex, marital status, disability, sexual orientation, pregnancy, marital status, religious or political beliefs, or gender history. The foregoing summary is provided for information purposes only and is not to be considered legal or business advice.
Guest Gollywobbler Posted December 4, 2007 Posted December 4, 2007 Hi Luke If you decide to head for Perth, make sure you get Bobcat's cotact details in advance, because he is a real estate agent in Perth. He obviously kows all about residential tenancies in WA and it might be that he would be able to help you to find something. If you do head for Perth to begin with Bearnng in mind that it is the closest point in Oz from the UK and imho there are VASTLY better ways to see and to travel around Oz than at 33,000ft) then with billy braveheart to guide you on the jobs front and Bobcat to help you to find a rental, I don't think you and Lynsey could go far wrong. Also, Billy lives quite close to the airport. If you can arrange to arrive at a weekend when he is not working, then if you buy him enough beer he might be wiling to go and collect you from the airport and I am sure that Janette would chip in to find a cheap B&B or something just to tide you over in the first week or two till you find your feet. Never underestimate the Lonely Planet Guide, either. I wouldn't travel without it because it is crammed with so much useful information. Cheers Gill
Guest bricky luke Posted December 5, 2007 Posted December 5, 2007 The info was really helpful.:smile: I think Lynsey and I got to decide which part of oz we're going to visit.:nah: We'll have to take into considerate the price of living and the job situation for the both of us. :err: Can someone shine some light on the price of houses or apartments in Perth? Furnished would be perferred. Many thanks Luke and Lynsey.:smile:
Guest brucestobrisbane Posted January 3, 2008 Posted January 3, 2008 Hi Bobcat Can I just ask a question on the rental agreement??? It says that the landlord cannot ask for more than 2 weeks rent within the first 2 weeks of the rental taking effect....We were told we had to pay our bond AND 2 weeks rent in advance...AND another 12 weeks rent in advance because we were coming over from UK. Is this legal then??? Obviously we just paid up, as we were in their office and needed to have somewhere to stay, but I'm just curious. Thanks NIcky
Bobcat Posted January 3, 2008 Posted January 3, 2008 Hi Bobcat Can I just ask a question on the rental agreement??? It says that the landlord cannot ask for more than 2 weeks rent within the first 2 weeks of the rental taking effect....We were told we had to pay our bond AND 2 weeks rent in advance...AND another 12 weeks rent in advance because we were coming over from UK. Is this legal then??? Obviously we just paid up, as we were in their office and needed to have somewhere to stay, but I'm just curious. Thanks NIcky Never heard of that one before where they charge you an extra 12 weeks rent up front because you are coming over from the UK? Here in WA that should not have happened because to quote the latest Tenants Advise Service publication as printed in June '07. "You can ONLY be asked for the following payments when you start your tenancy: * Option Fee (usually equivalent to one week's rent.) * Security Bond (no more than 4 weeks rent.) * Pet Bond (if you have pets) * Two weeks rent in advance RENT IN ADVANCE : The owner/agent cannot request more than two weeks rent in advance at the start of the tenancy. If you have agreed to pay more (such as a few months in advance), you do this after the first two weeks. LETTING FEES : These were abolished as from April 5th 2007. Bear in mind that each state has different rules and regulations pertaining to the rental of property. As such; my area of expertise is limited to how we operate in Western Australia only.............. although I have been a landlord in other States when I owned rental properties in NSW and Qld.
gparkes Posted January 3, 2008 Posted January 3, 2008 Are these laws just for WA? Or all over australia?( we are in victoria) We have just been accepted for a rental today, it is costing us $380pw and the estate agent wants $1647 for the bond and $1647 again for what i assumed was the 1st months rent? Is this correct or should i question what the 2nd cheque is for? Gail
Bobcat Posted January 3, 2008 Posted January 3, 2008 Are these laws just for WA? Or all over australia?( we are in victoria) We have just been accepted for a rental today, it is costing us $380pw and the estate agent wants $1647 for the bond and $1647 again for what i assumed was the 1st months rent? Is this correct or should i question what the 2nd cheque is for? Gail Hi Gail Each State in Australia has different rules and regulations ............... over here in WA we abide by the Residential Tenancies Act as is pertinent here in WA. Over in the eastern states they will abide by something similar; but it will have variations as to the Act that governs us here in the West. I can't for certain tell you what is right or wrong in the State of Vicoria as i don't practice over there............... and I wouldn't want to upset my Victorian counterparts by being the source of misinformation. Here are some useful contact numbers, these people will be able to explain in more detail how the system works in Victoria; rather than me harp on about how i think the system works over there? For advice and information on consumer and residential tenancy matters: Consumer Affairs Victoria Victorian Consumer & Business Centre 113 Exhibiton Street Melbourne Victoria 3000 Tel 1300 55 81 81 You should have received a copy of Renting a home: a guide for tenants and landlords which is the summary approved by the Director for Consumer Affairs Victoria of the rights and duties of a landlord and tenant under a Tenancy Agreement. That should explain to you all the ins and outs pertaining to rental agreements in the State of Victoria........ and same should be in easy to understand layman's terms rather than long winded legal jargon that no-one other than a lawyer can make head nor tail of! In Victoria.......... under section 66 of the Residential Tenancies Act of 1997, the landlord must give the tenant this guide on or before the occupation day........... but same is to be used as a guide only and is not to be used as a substitute for the Act. Hope this helps?
Guest brucestobrisbane Posted January 3, 2008 Posted January 3, 2008 Thanks for the answer Bobcat...very interesting. I will have a good look through our paperwork. The trouble over here in Queensland though, is that you are caught between a rock and a hard place what with rentals being very quick to be taken up. We just wanted to make sure we had somewhere to sleep, but it will be very interesting to find out whether or not we really needed to pay the rent up front. We were lucky, and had the money all there anyway, and have since paid up for the whole of our 6 months, but i do realise that for others this may not be so simple. I'll see what I can find in the paperwork and post on here if I can find an answer I'm happy is correct...if that makes sense. Alternatively, if there's anyone else out there who knows the definitive answer to this, it may be useful for those soon to be looking at rental properties in the Brisbane area??? Cheers Nicky
calNgary Posted January 3, 2008 Posted January 3, 2008 The majority of agents around here are now asking for 12 weeks rent up front when you arrive from the uk IF your NOT employed.If you have a job and possibly a bosses number so it can be checked theres not normally a reason to pay up front.However as the rental market is so tight alot of folks offering this money up front whether employed or not seem to be getting their applications passed!! Cal x
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