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Page 8 of 8
Initial property inspection and beyond
During the tenant selection process, you should bear in mind that equal opportunity legislation does not permit discrimination on the basis of a
person’s race, sex, sexual preference, marital status, religious beliefs or age.
The Residential Tenancies Act 1987 also does not allow a landlord (or
the landlord’s agent) to refuse to let a property to someone because they will
have children living with them except in some very limited circumstances.
If you give any subsequent instructions to your agent after signing the Written
Authority, make sure your instructions are in writing and that you keep a
copy. This will help you and your property manager to keep track of
your requirements.
If a new instruction arises that conflicts with the Written Authority that you
signed, then the Written Authority will need to be amended to reflect the new
instruction. Any amendments should be signed and dated by the agent
and you.
{mospagebrea title=Tenant Selection}
Tenant selection
Even if you have a property manager acting for you, all landlords have legal
obligations to tenants and these are set out in the Residential Tenancies Act
1987. Property managers must comply with the Written Authority, but they and the landlords must also comply with other relevant laws like the Residential
Tenancies Act 1987. The Residential Tenancies Act 1987 covers matters dealing with the rights and obligations if tenants and landlords. Some of the
matters the Residential Tenancies Act 1987 deals with relate to security bonds, property maintenance/repairs, locks and security etc. You may wish to
discuss these matters further with your agent or property manager.
For more detailed information about your rights and obligations to your tenant, you can contact the Department of Consumer and
Employment Protection’s Call Centre on 1300 30 40 54. The Department
provides advice and assistance to tenants and landlords on residential
tenancy issues. Tenancy information is also available on the Department’s website at www.docep.wa.gov.au
If you wish to end your agreement with the real estate agency, you should first check your Written Authority.
If you cease paying property management fees, and have not cancelled your agreement as set out in your Written Authority, then an agency could decide to take you to court for being in breach of the contract.
Therefore, it is important to cancel your agreement in writing and give the proper notice required by the Written Authority. In most written authorities,
you or the agent can cancel your agreement by giving 28 days' notice in
writing to the other party.
Most written authorities usually allow for “liquidated damages” to be paid to Your legal obligations to the tenant Terminating the authority to act with the agency
the agent at the current rate of 50% of the management fee that the agent
would be expected to receive for the unexpired period of agency. If you do not agree with this clause you may negotiate another rate with the agent or
strikeout this clause completely before you sign the Written Authority.
However, if the agency you are contracted with is sold to another
agent, or closes down, then any existing written authorities are automatically terminated and another contract will need to be established with another agent (whether the one buying the agency or another agent) if you can agree to terms.
You can phone the Real Estate and Settlement Call Centre on 1300 30 40 64 to obtain information about the duties of a property
manager. You can also obtain information from REBA if the agency has not fulfilled its side of the agreement.
If you wish to lodge a complaint with the Board, copies of the Board’s complaint form are available from the Real Estate and Settlement Call Centre
on 1300 30 40 64, or the REBA website at www.reba.wa.gov.au
Alternatively, you may put your complaint in writing. If you do so, please attach copies of relevant contracts and correspondence then mail to:
The RegistrarReal Estate and Business Agents
Supervisory BoardLocked Bag 14
Cloisters Square WA 6850
Your complaint may be referred to an investigator if a potential breach
of the legislation is identified, or to a
conciliator who will try to negotiate a
settlement of the dispute.
We can assist
Real Estate and Settlement Call Centre 1300 30 40 64 (for the cost of a local call statewide)
8.30am - 5.00pm weekdays
Forrest Centre
219 St Georges Terrace, Perth
Western Australia 6000
Administration: 08 9282 0843
Facsimile: 08 9282 0869
Locked Bag 14, Cloisters Square WA 6850
Translating and Interpreting Service: 131 450 and ask for a connection to 1300 30 40 64
Website: www.reba.wa.gov.au
Email:
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Great Southern 9842 8366
South-West 9722 2888
Mid-West 9964 5644
Goldfields/Esperance 9021 5966
North-West 9185 0900 19850
Government of Western Australia
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