REIWA Information Services

Our Information Services team is available to help both REIWA members as well as anyone who is involved in a transaction with a REIWA member.

Lady on phone.

Have a real estate question? Our Information Services team is available to help both REIWA members as well as anyone who is involved in a transaction with a REIWA member. 

While we are not legal advisors, we are real estate specialists and will do everything we can to help find a solution to your query. This may involve explaining your rights and responsibilities as a tenant or landlord, how to start or end a tenancy, what to expect when purchasing a strata property, or understanding the terms of your Offer and Acceptance contract. 

Our goal is to help everyone win in WA real estate, and we are here to help you navigate the market and understand the regulations, so don’t hesitate to give us a call. 

Phone us on 08 9380 8200 or email [email protected] (business hours are Monday to Friday 9am to 5pm). 

If you’re not involved in a transaction with a REIWA member, you can contact the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) on 1300 304 054 or email [email protected]. 

Your most common real estate questions answered

A: Agencies must perform a final property condition report within 14 days of the vacate, however, in WA, there is no legislated timeframe for the return of the bond back to the tenant. However, most bonds are returned in 2-6 weeks.

A:

Under the new rental reforms, pets will be allowed in most cases, but tenants must get permission from the property owner.

There is a specific form you have to fill out. You can find a copy on the Consumer Protection website.

The property owner can say no in certain circumstances, such as where strata by-laws do not allow pets. They can also object on other grounds but must seek the approval of the Commissioner for Consumer Protection.

Tenants will be responsible for any nuisance or damage caused by their pet. Damage caused by a pet is not considered fair wear and tear. For more information, click here.

A: Yes, as long as the offer hasn't been accepted. The contract is not legally binding until the seller has accepted and signed.

A:

Once both parties have signed the contract, you are legally bound to its terms. In Western Australia, property contracts do not include a cooling-off period. 

We recommend seeking legal advice to ensure you fully understand your obligations and any potential consequences.

A:

RCDs: As a landlord, you are required to have two Residual Current Devices (RCDs) installed on the switchboard of your rental property before it can be leased.

Smoke Alarms: Since 1 October 2009, all residential buildings must have mains-powered smoke alarms installed when signing a new tenancy agreement.

As the property owner, you must ensure that the smoke alarms:

  • Are no more than 10 years old;
  • Are in working order; and
  • Are permanently connected to the mains power.

If you fail to comply with these regulations, you can face significant penalties, including a $750 infringement notice for any property without a smoke alarm and fines up to $5,000 for the landlord or seller.

For more information, visit the Consumer Protection website.

A:

When you can move into the property will depend on the type of lease agreement in place:

  • Fixed-term: You will take over as landlord until the lease ends. Then you can move in. (There should be a clause in the contract indicating the buyer must take over the existing lease.) You cannot evict the tenant during the lease period, but you may be able to come to a mutual agreement to end the lease sooner.
  • Periodic: A tenant on a periodic lease may be given 30 days notice once a signed Offer and Acceptance contract is received by the property manager - if you give notice after settlement, the notice period increases to 60 days.

After settlement, it is advisable to check the Property Condition Report (PCR), lease agreement and rental statement, which will now be available to you, to ensure you are up to date with the property's condition.

A:
Whether you need a building inspection when purchasing a strata property depends on the type of strata plan the complex has - it's crucial to understand what parts of the property you own and what are managed by the strata company. 

In some cases, you own the internal parts of the unit, while the external surfaces and common areas are owned collectively. 

Either way, you may still want to do an inspection to identify issues that could affect future strata levies and maintenance costs. You should also read the Body Corp reports and minutes of meetings thoroughly as they will tell you what kind of maintenance issues have been raised and whether they have been addressed or not.

A:
While there is no cap on rent increases, they must be reasonable and reflect market conditions. Rent increases should align with market rates and be justified by comparable rental prices. The property's condition, recent improvements, and the length of tenancy are also considered. 

Tenants have the right to challenge excessive or unjustified increases through the appropriate channels. In the first instance, speak with your property manager as they may be open to negotiating.

A:
Bonds are linked to the rent price, so if your rent has gone up, you may have to pay the difference between your old bond and the new amount, known as a bond top-up.

For example, if your rent was previously $600 per week (bond of $2,400) and increased to $650 per week (bond of $2,600), you may need to pay a $200 bond top-up.

A: The purpose of the pre-settlement inspection is for the buyer to confirm that everything advertised with the property, is still present. This may include fixtures such as a dishwasher, or other features advertised at the time of sale and agreed upon as part of the purchase.

A:

If a property is under offer, you can't make an official offer, but you can express interest to the agent. If the initial deal falls through, they may approach you.

However, if the original offer is subject to the sale of the buyer's own property with a 48-hour clause in the contract, and the seller receives another acceptable offer during this period, the initial buyer has 48 hours to either waive the 'subject to sale' clause or void the contract. This would enable the seller to accept another offer.

A: Rent is considered paid when it reaches the agency trust account, not when it leaves your account. Breach notices are usually automated, not sent manually by property managers. Scheduling your payment for 2-3 business days prior to the due date should help to ensure the money lands on time, avoiding another breach.

A: In a break lease situation, both the tenant and owner have an obligation to mitigate losses for the other party. This is usually done through direct negotiations.

A: That is not necessarily the case. If a seller has told their agent that they will not entertain a certain price point, or will not accept any offers before a certain date (eg home open or set date sale), the agent is obligated to follow the seller’s instructions.

A:

When your lease ends and you hand the keys to the property manager, it indicates you’re happy with how you’ve left the property.

Your property manager has no obligation to give you the keys again or allow you to access the property, even to finish some cleaning. It’s best to make sure you address any issues before the final inspection.

A: A broken aircon in hot weather can be classed as an urgent repair. The owner has to arrange repairs quickly. Read our full article here.

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