REIWA Information Services

It depends on the cause.

If the mould is linked to a property issue, like a leak, or poor ventilation, the landlord is generally responsible for fixing the cause and addressing the mould. But if it’s caused by how the home is being used, it may be the tenant’s responsibility.

This can include not using exhaust fans or opening windows when cooking or showering, drying clothes indoors without ventilation, or not reporting signs of moisture early.

Tenants should let their property manager know as soon as they spot potential issues. For more information, read here.

The Department of Health recommends indoor moisture should be avoided to prevent mould growth, and that physically scrubbing mould is the best way to remove and prevent regrowth. For more information, see here.

It is an owner’s obligation under the Residential Tenancies Act to hand over a property in a “reasonable state of cleanliness and repair”.

If this is not done then the owner is in breach of their agreement and you should contact your property manager.

Although the term “clean” is subjective – the condition should be what a “reasonable person” would expect.

You can ask the property manager if there is any outstanding maintenance work planned.

Landlords often take advantage of the time between tenants to complete repairs or small improvements like fresh paint or new carpet. It’s important to know what’s planned and, more importantly, when these tasks will be completed.

Make sure to confirm if any repairs will be finished before you move in. This ensures you won't be caught off guard by any unexpected disruptions after you’ve settled into your new home.

Moving into a new home is exciting, but protecting your belongings should be a priority. As a tenant, it’s important to understand that your possessions aren’t covered by your landlord's insurance. That’s where tenant’s contents insurance comes in.

Contents insurance covers damages to your personal belongings caused by unforeseen events such as fires, storms or even power outages. Without it, you could be left facing the costs of replacing your items if disaster strikes.

So, before you settle into your new home, consider getting tenant’s contents insurance to ensure your peace of mind and protect the things that matter most to you.

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.

Urgent repairs are classed as either essential services or other urgent repairs.

Essential services include things like water, gas, electricity, sewerage and hot water. Repairs are to be arranged within 24 hours.

Other urgent repairs are issues that could cause injury, damage or serious inconvenience to your tenant. These must be arranged with a suitable repairer within 48 hours, and carried out as soon as practicable.

Your REIWA property manager should have a process in place for urgent repairs, including over public holidays, and will contact you to alert you of the situation. Your management agreement may include a maximum dollar amount your property manager can authorise without owner approval, which ensures action can be taken quickly even if you are unavailable.

At the end of a tenancy, the tenant is required to return all keys, remotes and access devices provided at the start of the lease. If any are missing, the cost to replace them, or to change the locks if necessary, can usually be claimed from the bond, depending on the circumstances. Tenants are also required to return any copies of keys made.

Your property manager will record exactly what was issued at the start of the tenancy and check against this at the end of the lease. This helps avoid disputes and ensures any missing items can be followed up properly.

If your property is tenanted, the notice you need to give depends on the type of lease:

• Fixed-term lease: You can sell at any time, but the tenant has the right to stay in the property until the end of their lease. You’ll need to work around their agreement.
• Periodic lease: You must give 30 days’ written notice to end the tenancy if you want to sell with vacant possession.

In both cases, you’ll need the tenant’s permission to access the property for marketing and inspections. Speak to your property manager to make sure everything is handled correctly.

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:

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.

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.

It depends on the terms of the contract.

If the buyer has not yet met a condition in the contract, such as finance or building inspection, and pulls out within the agreed timeframe, they can usually do so without penalty.

But if the contract is unconditional and the buyer fails to proceed, they may be in breach. This could mean:

• Losing their deposit, and
• Potential legal action to recover losses if the property later sells for less.

If this happens, it’s important to get advice from your agent or settlement agent as soon as possible. They can guide you through your options and next steps.

Yes, but the arrangement must be agreed in writing and usually is a special condition on the sale contract. This is usually done through a licence to occupy or a leaseback agreement, which sets out how long you’ll stay, whether rent is payable and who’s responsible for things like insurance, utilities and maintenance.

These types of agreements are also used for display homes, where the buyer becomes the owner at settlement, but the builder or developer continues to use the property as a display for a fixed period.

This isn't part of the standard Offer and Acceptance (O&A) contract, so it’s important that the terms are clearly written down and understood by both parties. Your REIWA agent or settlement agent can help you get it right.

An agent, acting in the seller's best interests, may inform prospective buyers of competing offers without disclosing the terms, as these are considered confidential unless explicitly agreed otherwise.

It is common for agents to advise buyers to review and submit their best offer when there are multiple offers. The seller is under no obligation to negotiate with any buyer or provide an opportunity to revise offers.