Maintaining Cleanliness and Repairs at the Start of Your Tenancy
Before signing a tenancy agreement, tenants should carefully assess the property’s condition. It is advisable to check for any pest issues and ensure that the property is secure and weatherproof. Inspect the functionality of doors, windows, taps, and the hot water system, as well as the integrity of the fencing and the overall state of the garden.
If any problems are identified, tenants should enquire with the lessor or property manager about their intentions to address these issues. It is crucial to have any repair agreements documented within the tenancy agreement.
In cases where fixtures or chattels, such as a TV aerial, air conditioners, or a solar hot water system, were available for inspection when viewing the property, the lessor or landlord is responsible for maintaining these items unless their non-functionality was disclosed before signing the tenancy agreement.
If you plan to connect additional services, such as a telephone line or internet, during your tenancy, it is advisable to inquire with the lessor about any known issues related to these services before committing to the tenancy agreement. Additionally, consider contacting your preferred service provider to confirm their ability to set up an account at the rental address.
Before unpacking your belongings in the rental property, it’s a good practice to take photographs of all rooms, the garden, and any areas with pre-existing issues. Any pre-existing damage or concerns should also be documented in the property condition report.
After Moving In
The lessor or property manager is responsible for maintaining the premises in reasonable condition and ensuring compliance with all relevant building, health, and safety regulations in Western Australia. They must also address major and many minor repairs resulting from normal wear and tear. It is their duty to keep items provided with the property, such as air conditioning units, stoves, or refrigerators, in good working order.
However, the lessor or property manager is not obligated to repair items that were disclosed as non-functional before the tenancy agreement was signed or those that the tenant could not reasonably expect to be in working condition at the time of agreement.
In cases of mould or mildew caused by faults in gutters or other fixtures, it is the lessor’s responsibility to make necessary repairs. Tenants should still regularly ventilate the property to prevent mould issues, especially during the winter.
Tenants must not intentionally or negligently damage the property. If such damage occurs, tenants should promptly notify their lessor or property manager. They will be held responsible for the cost of repairing or replacing the damaged property.
If damage is caused by a third party unconnected to the tenant, such as a tradesperson, the owner is responsible for repairing the property. This also applies to damage caused by burglary or severe weather conditions.
Lessors cannot absolve themselves of their obligations outlined in the tenancy agreement or other legal responsibilities. However, unless specified in the tenancy agreement, tenants are responsible for basic household maintenance such as floor cleaning, light bulb replacement, window cleaning, dusting, cobweb removal inside and outside, as well as garden maintenance, including watering, mowing, weeding, pruning, and fertilizing. Tenants should inform the lessor of any potential roof damage caused by blocked gutters.
Normal wear and tear, for which the lessor is liable, includes:
Faded curtains due to prolonged exposure to sunlight.
Worn carpet in high-traffic areas.
A broken lock due to age and wear.
Paint flaking off due to age or improper application.
Neglectful damage, for which the tenant is liable, includes:
Tears in curtains caused by pets.
Stains or burns on carpets from dropped or placed objects.
A broken lock resulting from the tenant’s actions in attempting to enter the property without a key.
Mould/mildew formation due to inadequate ventilation by the tenant.
Tenant Compensation Bonds
In cases where a lessor consistently refuses to reimburse a tenant for urgent repairs, the Magistrates Court may, in addition to ordering reimbursement, require the lessor to pay a tenant compensation bond to the Bond Administrator for potential future compensation orders.
Tenants can apply to the court to access all or part of the tenant compensation bond using the “Application for Disposal of Tenant Compensation Bond to Tenant” (Form 15).