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Housing

Contributed by Ann-Margaret Walsh and Piercy Porter and current to 1 September 2005

This chapter outlines the application and effect of the Residential Tenancies Act 1987 (WA) and the Residential Tenancies Regulations 1989 (WA) on both private and public housing. The Act and the Regulations came into effect on October 1st 1989 and apply to any tenancies entered into or renewed after this date. In order to clearly delineate the differences between the two types of tenancies, Private Residential Tenancies and Homeswest Tenancies are discussed in separate sections of this chapter. Note that recent changes to the way the Local Court of WA operates has impacted on the way in which disputes about tenancies are dealt with. At the time of writing, details of the new procedures for minor cases in the Magistrates Court (which has replaced the former Small Claims division of the Local Court) were not available, so updated information should be sought from your local Magistrates Court or a solicitor if you are dealing with court action. This chapter also outlines the process of buying and selling a house and associated issues of strata titles and payment of rates. The recent establishment of the State Administrative Tribunal has changed the way in which disputes about strata title schemes and valuations of land are handled.

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