The Role of Landlord and Tenant Law in Protecting Tenant Rights

November 6, 2024    propertylawyersperthwide
The Role of Landlord and Tenant Law in Protecting Tenant Rights

Getting a new rental space is a bouquet of its own set of duties and obligations. This is a game of two-play, with one being the landlord and the other being the one living there. Each must uphold their bit of the bargain defined under the Residential Tenancies Act 1987. In fact, there are key roles that the landlord and the tenant play in protecting their rights. Before entering into such an alliance, knowing about the intricacies of law and other factors is essential. Talking to tenant lawyers in Perth is a great way to sort these things out before you get into a rental bond. This article will brief you through all of these details.

What protection does the tenant have in residential bonds?

When a landlord is putting up an investment property for rent, they have to heed their key responsibilities as owners. These abide by the Landlord And Tenant Law Perth, which outlines all rules and responsibilities of either party.

 

The residential bond has to be paid as a form of goodwill through a down payment by the occupant. The government will hold this as a form of security. This safety net comes in handy if the occupier cannot pay the final amount of rent.

 

However, this is just one side of the equation. After all, the occupant’s rights are also protected by law in several ways. Conducting your due diligence on the bond following the Residential Tenancies Act of 1987 is necessary. Consulting landlord and tenant lawyers is the most reliable way for either party to proceed.

How should landlords and tenants approach eviction?

As a rule of thumb, it is wise to know that a lessor can sell their property at any time. However, they must lawfully provide tenants with adequate notice and time before they make good on that decision.

  1. Suppose the tenant is late on the rent payment. In this case, the lessor has to first speak to them and try to negotiate a realistic solution. It is only when this doesn’t work out that the lesser can issue the following with the help of property lawyers in Perth WA:

    * A notice of termination
    * A breach of agreement

  2. In case of landlord and tenant disputes where the tenant cannot uphold their agreements in areas beyond the payment of rent, such as misdemeanor, damage to property, etc. Similar to the previous case, the lessor must first try to connect with the tenant.

What rights does the tenant have in such situations?

No eviction notice should ever come to a tenant without ground or prior communication. It is the role of the landlord to try and solve any issues amicably at first. These are the terms they have to follow:

  1. Before the tenant’s term expires, the lessor has to give them a 30-day notice. They should have full information about the eviction and adequate time to prepare for their leave.
  2. If it’s a fixed tenancy and has a particular start and end date, the contract will not get automatically terminated unless the landlord provides the tenant with a 30-day notice. The term expires 30 days from when the tenant has been handed the notification, regardless of the fixed date.
  3. The 30-day notice rule is also applicable, even if the landlord plans to sell off the property.
  4. If the tenancy has to be concluded without the landlord providing any solid reason, the tenant must be granted at least 60 days of notice. The tenant can also appeal to the court for this extension.

 

It is necessary to contact your trusted property lawyers Perth if you are a landlord or a tenant and you think any of the above rules have not been honored or there is a breach in the duties of either party. After all, every occupier has the ability to protect themselves from untoward situations, and so does the lessor.

Wrapping Up

That brings us closer to this article on the ways in which the tenant law seeks to protect the tenant from unfair or untoward situations. We have discussed the various ways tenants can secure legal help. However, we suggest that in case of any complications, the best lawyers can help you with property law in Perth to guide you through these negotiations.

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