Glossary

Adjourn

To put off or suspend (the court hearing) until a later date or indefinitely, usually at the discretion of the Court.

A gent

A person who represents or acts on behalf of another. The agent may enter into agreements on behalf of another to the extent authorised and need not be a registered agent. A Real Estate Agent is an agent acting on behalf of a property owner. An agent is not usually personally liable.

Agreement

See Residential Tenancy Agreement .

Applicant

The person who first applies for a hearing to resolve a problem under the Residential Tenancies Act in the Small Disputes Division of the Local Court.

Assign

To transfer rights, interests and responsibilities under a tenancy agreement to another person.

Bailiff

A Court official who can enforce Court orders. The Bailiff is allowed to collect money from a person ordered by the Court to pay any amount, and remove tenants ordered from a property by the Court. A Bailiff is usually also present at the Court during hearings to check who is present and ensure matters proceed in an orderly fashion.

Boarding

A right to occupy premises where the owner retains a certain level of control over the premises. The owner may control who has the right to enter the property and services (such as breakfast, room cleaning) may be provided to the boarder as part of the tenancy agreement.

Body Corporate

The owners of a strata titled block of flats or units, who join together to manage the common grounds and the building under the Strata Titles Act (1985). The body corporate may set rules controlling the use of the premises. Also known as a "Strata Company".

B ond

Money payable by the tenant to the owner when moving into premises, as security for the performance of obligations under a residential tenancy agreement. Also known as a Security Bond .

Bond Administrator

A state government body where the bond money may be lodged in a joint account during the tenancy.

Breach

Non-compliance with, or breaking a term or condition of, the tenancy agreement or the Residential Tenancies Act. For example, doing something which the agreement or Act says you can not do, or not doing something which the agreement or Act says you must do.

Chattel

Movable or personal good/s or property, e.g furniture, gardening equipment, curtains etc.

Clerk of Courts

A person who is given the power, under the Residential Tenancies Act (1987) , to hear some tenancy disputes in the Local Court

Compensation

Money paid for damage or loss caused by any breach of the tenancy agreement.

Condition

A particular kind of term of the tenancy agreement. Sometimes known as a covenant. For example, that the tenant will have the carpets professionally cleaned at the end of the tenancy.

Consent Order

A Court order which both parties have voluntarily agreed to abide by. For example, when the tenant and the owner come to some agreement before the Court hearing, they can tell the Court what they have decided and the Court can record it as an order so both parties are bound by it.

Consumer Affairs

See Ministry of Fair Trading

Co-tenant

A joint tenant. Each tenant being bound by the agreement (both together and separately). All have responsibilities as specified in the agreement.

Cross Examine

The questioning of a witness by the other side during a court hearing. Leading questions are allowed.

Discrimination

When a person is treated less favourably than another person, in the same or similar circumstances; because of their sex, race or other characteristic specified by law (sexuality is not specified by law in WA).

Eviction

A process through the Court to have tenants expelled or removed from the rented premises. Evictions can be enforced by a bailiff of the Court.

Fair Wear and Tear

Includes the wear and damage to a property that you would reasonably expect to occur through everyday living in a property. It may involve damage done through ordinary use by someone taking reasonable care but not due to abuse or neglect.

Fixed Term Tenancy

A tenancy agreement for a specific period of time, e.g. 12 months. It has a start date and a finish date.

Fixtures

Things which are accessories to the property such as the stove, or book shelves. To be a fixture a thing must not be a part of the house (like the walls) but it must at least be fastened onto the building, not merely in contact with it. For example, light fittings are usually fixtures, paintings are usually not.

Grounds

Reasons upon which legal rights and responsibilities are based.

Head Tenant

A tenant who has a tenancy agreement with the owner , and sub-lets to a third person. Another tenancy agreement is created between the tenant (head tenant) and the third person (the sub-tenant). The head tenant takes on the role of the owner in relation to the sub-tenant for the purposes of this agreement.

Illegal Eviction

Entering into the premises for the purpose of removing the tenant from the premises without a Court Order. Under the Residential Tenancies Act (1987) , illegal evictions may carry a penalty of up to $4000 whether they are successful or not.

Landlord / Landlady

The owner of the premises which have been rented out under a residential tenancy agreement.

Leasing Fee

The fee charged by a real estate agent for renting out premises. The fee covers the costs involved in re-renting a property. Usually the owner would have to pay the leasing fee. However, if the tenant breaks a fixed term tenancy agreement costs may be passed on to them.

Letting Fee

A fee charged to tenants by real estate agents at the beginning of the tenancy. It cannot be more than one week's rent. A letting fee can only be charged by an agent, and only at the beginning of the tenancy, not when tenants renew or extend a tenancy.

Magistrate

A person given the power under the Residential Tenancies Act to hear tenancy disputes in the Small Disputes Division of the Local Court.

Maintenance

The upkeep and regular repairs done on a property to keep it in reasonable condition and in good working order.

Ministry of Consumer Affairs

Replaced by the Ministry of Fair Trading.

M inistry of Fair Trading

A State government department with responsibilities under the Residential Tenancies Act. These include providing information and advice, investigation, negotiation and prosecution functions.

Notice of Breach of Agreement

A notice in writing stating that a term or condition of the tenancy agreement has been broken, and saying the problem must be fixed within a specified time in accordance with the Residential Tenancies Act (1987). There are two official forms which can be used by the owner, one is for general breaches and the other for rent arrears. However, the owner does not have to use these forms, a breach notice may be in the form of a letter.

Notice (by Owner) of Termination of Agreement

A notice in writing from the owner to tell the tenant that the owner wants them to move out. It must be on a special form in accordance with the Residential Tenancies Act. There are three different notices of termination of agreement which are used according to the circumstances. Form 1A , Form 1B and Form 1C .

Option Fee

A fee charged to the tenant when their application for tenancy is being considered. If the tenant is accepted and decides to move in, the money is kept for rent. If the tenant is not accepted, or if the tenant decides not to move in, it must be refunded to the tenant. The option fee cannot be more than one week's rent.

Order

The decision made by the Court. The order usually says what the tenant and/or the owner have to do, or how much money one has to pay the other.

O wner

The person who gives another the right to occupy premises under a residential tenancy agreement, or any successor of that person (such as a purchaser of the property, or a mortgagee) who takes the property being rented by of the tenant.

Parties (to an Agreement)

The people who have entered into a tenancy agreement.

Periodic Tenancy

A tenancy agreement for a period of time (e.g. a week, fortnight or month) which renews itself automatically at the end of each period. It has a start date but no pre-set finish date.

Prescribed Form

These are forms with a specified format as set out in the Residential Tenancies Regulations which must be used according to the Residential Tenancies Act (1987). Another form can not be used in its place.

Pre-trial Conference

A meeting between the owner and tenant with an official from the Court who tries to help the parties to come to an agreement. It usually takes place just before the Court hearing and the discussions cannot be referred to in subsequent court proceedings.

Property Condition Report

A report documenting the state of the property and its contents when the tenant moves in. It is best for the report to be detailed, listing everything in the property, including all walls, windows and floor coverings, and a brief description of their condition.

Provisions

Legal or formal statements setting out rights and obligations within the Residential Tenancies Act.

Real Estate Agent

A person employed by the owner to manage the rental property on behalf of the owner (see Agent ).

REIWA

An organisation that works for the benefit of its members and for the Real Estate Industry as a whole.

Rent

A payment under a residential tenancy agreement by the tenant to the owner for the right to live in the premises.

Rental Accommodation Fund

An account with the Treasury, administered by the head of the Crown Law department. It holds the interest earned on tenants' bond money.

Residential Premises

Any premises or part of premises intended for use as a place of residence. The yard may be included as part of the premises, unless otherwise agreed.

R esidential Tenancy Agreement

Any agreement, whether written, verbal or implied under which a person gives to another person the right to occupy residential premises (exclusively or otherwise) for the purpose of a residence in exchange for valuable consideration (eg rent or labour).

Respondent

The person given notice by the Court that an application to the Court has been made against them. The notice informs them that the applicant has asked the Court to make an order to settle the dispute, and that they can attend to give their side of the story.

Retaliatory Eviction

Where the owner tries to end the tenancy agreement at least partly because the tenant had complained to a public authority or taken steps to enforce their rights as a tenant.

S ecurity Bond

See Bond .

Stamp Duty

A government tax or charge on tenancy agreements over $125 per week rent.

Squatter

A person who occupies another's premises without ever having been given permission to do so. A squatter has no rights as a tenant in WA.

S ub-let

A residential tenancy agreement whereby the tenant rents out all or part of the premises to another person, and therefore becomes the "owner" (head tenant) for the purpose of that residential tenancy.

Sub-tenant

The tenant in a sub-let arrangement. S/he has a residential tenancy agreement with the head tenant, not with the owner of the property.

Summons

A demand that you must appear in the Small Disputes Division of the Local Court.

T enancy Agreement

See Residential Tenancy Agreement .

Tenancy Bond Account

An account with a financial institution (eg bank or building society) or the bond administrator where tenants bond money is held during the tenancy.

Tenancy Bond Trust Account

An account with a prescribed financial institution (eg a bank or building society) where Real Estate Agents keep all their tenants' bond monies in trust, together in one account.

Tenant

The person who is liable to pay (rent money or otherwise) under a residential tenancy agreement, and has the right to occupy the premises.

Tenant at Sufferance

A person who originally occupied premises under a residential tenancy agreement, and who remains in possession after the termination of the agreement without the consent of the owner.

Term

May refer to either a period of time (eg a fixed "term" of 6 months); or to a condition or rule of a tenancy agreement.

Trespass

Unlawful entry onto land or into premises.