Department of Communities Housing - rights and responsibilities of tenants

Information about the rights and responsibilities of Department of Communities housing tenants
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Your tenancy agreement

A tenancy is an agreement which sets out your rights and responsibilities for renting a house. This means you are paying to stay there. You do not own it yourself. Communities is your landlord.

There must be a written agreement between you and your landlord. This is called a tenancy agreement or ‘lease’.

The tenancy agreement outlines the responsibilities of both you as a tenant and your landlord. You both must sign and agree to the content in the tenancy agreement.

Your Housing Services Officer will discuss the agreement with you and answer any questions you might have before you sign it.

If you would like any more information on your rights and responsibilities as a tenant please read the Tenant Information fact sheet and DMIRS renting a home page.

Please note: Tenants of housing in remote Aboriginal communities are not required to pay a security bond before entering into a tenancy.

Rights and responsibilities

Moving in

When you are signing up to live in your new home, your Housing Services Officer will complete a property condition report with you. The report prevents any disputes over responsibility of property damage on vacating a tenancy or when evictions occur.

It is important that you tell your Housing Services Officer of any damage that is already present. If possible, take photos of any sighted damage as soon as practicable.

What to look for:

  • Old drill holes and marks on the walls
  • Dents or damage to any appliances
  • Burns of any description.

In the event damage is identified in the property condition report, you will not be charged for repairs.

If you don't sign the report, Communities will assume you were satisfied, and the property was in good repair when you moved in. You will be held responsible for any damage to the property when you move out.

Looking after the property

As your landlord, Communities is responsible for keeping the property in a safe condition. As a tenant you share responsibility for looking after the property. You must keep the property clean, tidy and pest-free. If something breaks down or needs repair, report it to your Housing Services Officer immediately.

Being a good neighbour

Every tenant is expected to be a good neighbour.

It is recognised that being a good neighbour is a mutual compromise as everyone is entitled to peaceful enjoyment of their property.

Disruptive behaviour is a breach of your Tenancy Agreement and is treated very seriously by Communities. For more information, please see the Disruptive Behaviour Management Policy.

If your behaviour breaches Policy, you may be evicted from the property.

Improving the property

If you want to make large improvements to the property, you will need to get permission from your Housing Services Officer.

Improvements you might be able to make include:

  • Curtain tracks and shelving
  • TV antennas and satellite dishes
  • Roller shutters, security screens or blinds
  • Air conditioners and ceiling fans
  • Painting

Obtaining approval first is imperative.

If you do not obtain approval you may have to remove any structures or renovations at your own cost.

If your work is approved, you will be responsible for organising and paying for all materials and work carried out on the property, and for ensuring that the work is compliant with all legal requirements.

When you vacate the property, you will be responsible for ensuring there are no drill holes left in the walls or other damage to the property.

If you are in doubt, contact your nearest Housing office during business hours.

Inspections

Your Housing Services Officer will attend your allocated property to complete a property inspection up to two times per year. 

The inspection is for the purpose of making sure that you are maintaining the property in accordance with your tenancy agreement.

You will be provided notice prior to the inspection.

If you are experiencing difficulties maintaining the property, services from local shires or community groups may be able to help. Ask your Housing Services Officer how to find some of these services.

Your Housing Services Officer can also visit the property throughout the year to see how you’re going. These visits are outlined in your tenancy agreement.

Moving out

You will need to let your Housing Services Officer know that you are vacating the property a minimum of 21 days before. The property must be left clean and tidy and in good repair.

If you do not do this, Communities may charge you for cleaning up or for repairing damage. This is called tenant liability.

Your ​Housing Services Officer will compare the condition of the property when you moved in, to the condition when you vacated.

They will look at the property condition report that you filled in when you first moved in.

Property transfers

If you are a current Communities housing tenant you may submit an application to be transferred to another property, depending on your circumstances.

You will need to be eligible for the new property you are transferring to.

Insuring your household contents

Communities is responsible for maintaining building insurance on their properties. However, the insurance does not cover theft or damage to your furniture or personal items.

You should insure your own household contents. This will enable you to get your money back or the items replaced if they are stolen or lost.​

Pets in your property

Yes, your pet is welcome, but under certain conditions.

  • Dogs and cats can be kept, provided your property has a separate, non-communal yard. It is your responsibility to ensure the yard is enclosed and kept clean, tidy and free of animal waste. You also need to make sure your pet does not damage the property or disturb the neighbours, otherwise you may be asked to remove the pet from the property.
  • If you live in a flat or apartment without a separate yard, dogs and cats are not allowed; however, you can keep other pets such as a caged bird or a fish.
  • Check with the local council about any specific rules for your suburb. Most local councils allow up to two dogs on residential properties, but this can vary.
  • Cats and dogs must be kept in accordance with the relevant Act, Regulations and local government by-laws.

Things you must know:

  • Communities will not install additional fences or gates to enclose a yard for a pet.
  • You must not keep any dog listed in the Dog Regulations 2013; these are:
    • Dogo Argentino
    • Fila Brasileiro
    • Japanese Tosa
    • American Pit Bull Terrier
    • Pit Bull Terrier
    • Perro de Presa Canario
    • Any other breed of dog the importation of which is prohibited absolutely by the Customs (Prohibited Imports) Regulations 1956
    • A dog that is a mix of two or more breeds, where one of the breeds is a restricted breed.

Consumer protection

Consumer Protection WA promotes fair trading and the protection of consumers’ rights, including the rights of tenants under the Residential Tenancies Act 1987.

If you have questions about your tenancy, including the obligations of your landlord and your rights as a tenant, information is available on the Consumer Protection WA website.

If you need further information or have a problem with your landlord that you are unable to resolve, you can also contact the Department of Mines, Industry Regulation and Safety call centre on 1300 30 40 54 (or the National Relay Service on 13 36 77 for the hearing impaired).

For more information please see the DMIRS renting a home page

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