2.10 The Property Condition Report

What is a property condition report?

A property condition report (PCR) is a report that describes the condition of your rented home. Property condition reports are usually filled in at the beginning and at the end of a tenancy. A blank PCR can be found at the end of this information sheet.

Are property conditions reports compulsory?

No, property condition reports are not compulsory. In Western Australia owners/agents do not have to do a PCR or give their tenants a copy. However, it is common practice for a PCR to be completed and provided.

There are no laws about property condition reports in Western Australia. In some other states tenancy laws require a report to be done within a certain time after a new tenant moves into premises.

You should ask for a copy of the PCR if you believe one exists for your premises. You have a right to a copy because it affects your legal contract (tenancy agreement) with the owner of your rental premises. Any request for a copy of a PCR should be in writing and you should keep a copy of your letter. See section 3.11 Writing a Letter to the Owner/Agent , for more information about writing letters.

You should do your own PCR if one hasn't been done already by the Owner/Agent. See the section below "What if my owner/agent has not given me a property condition report?" for more information on doing your own PCR.

Why are property condition reports important?

The owner is required by law to provide the rented premises in a reasonable state of cleanliness and repair ( s42 Residential Tenancies Act ).

You are required to:

• keep the place in a reasonable state of cleanliness during the tenancy;
• not to cause or permit any damage; and tell the owner if there is any damage (s38). You must also leave the premises in the same condition they were in at the start of your tenancy less fair wear and tear (see below for a brief explanation of "Fair Wear and Tear").

In the case of a dispute over whether you or the owner/agent has looked after the place properly, a property condition report will be proof of the condition the premises are or were in.

What is fair wear and tear?

There is no definition of fair wear and tear in the Residential Tenancies Act. However, it is usually said to mean something that happens through ordinary use. For example, carpet naturally becomes worn from walking on it; varnish wears off stair railings; flywire naturally deteriorates in the sun, and so on. Any argument over what is fair wear and tear should be decided on the individual circumstances of your case. However, you can argue that you are only responsible if you intentionally (on purpose) or negligently (not taking enough care) caused or permitted damage to occur.

When should a property condition report be done?

A property condition report should be given to you with the keys or within a very short time of moving in to a rented place. You will usually be given a certain time to add your comments and return it to the owner/agent - two weeks is often the time allowed.

Moving is a very busy time for most people but it is very important that you take the time to do the report.

A property condition report should also be done at the end of the tenancy. The differences between the ingoing and outgoing property condition reports can be used to work out who should be responsible for any work that needs doing at the place, and who should pay for this work.

A property condition report may also be done during a tenancy. For example, a real estate agent might do one as part of a regular property inspection; or you could do one to shown that work is needed at your place. Always ask for, or give the owner/agent a copy of any report done during the tenancy.

What if my owner/agent has not given me a property condition report?

There are two things you can do:

1. Write to the owner/agent and ask for a copy of the property condition report. Keep a copy of this letter. See section 3.11 Writing a Letter to the Owner/Agent for more information.
2. Don't wait! Do your own PCR.

• Use the blank PCR at the end of this information sheet (attach extra pages if you need more room) OR simply write the whole thing on blank pages. This gives you more room to describe the place; and even add sketches (for example the size and shape of a chip out of the wall).
• Do your inspection with an independent witness. This can be any adult who will not be and has not been living at your place and would be prepared to act as your witness if needed.
• Both you and your witness should sign and date the property condition report.
• Always keep a copy of the PCR for your records.
• Give a copy to the owner/agent, and ask them to sign, date and return it to you.

Some tips for doing a property condition report:

• At the start of the report write out the address of the place and the names of the owner and your names.
• Make headings for every room in the place including passages and any built in cupboards. Also include the outside and yards (back, front, sides), sheds, garages, driveway, etc.
• Use the attached PCR as a guide to the things you should cover.
• Look out for:
  • Cracks, chips, holes, peeling paint, mould or water stains.
  • Worn or stained floorcoverings.
  • Dust, grease, grime, dirt, oil, cobwebs.
  • Dripping taps, deteriorated flywire.
  • Weeds, dry patches, dying plants, overgrowth.
  • Problems with hot water, stove, oven, reticulation.
  • Problems with locks, doors or windows.
• Both you and your witness should sign and date the report.

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