Tenancy Laws Part 2 - Moving in

[music] Now that the property has been rented, the tenant has the basic right to move into a home that is clean and in good condition, and be able to quietly enjoy living in the home with reasonable privacy. The tenant should pay their rent on time and take good care of the property. The property owner is entitled to expect that the home at the end of the tenancy is in the same condition as at the beginning of tenancy. To prevent any disputes during the tenancy, there are ongoing rules that apply relating to maintenance and repairs and how inspections can be carried out. Maintenance of the property is a joint responsibility for both the property owner and tenant. The owner is responsible for what can be described as normal 'wear and tear' to the home. They have an obligation to ensure the home's essential services - such as plumbing, gas and electricity - are in good working order, as well as other appliances provided such as the stove and air conditioning. The tenant is responsible for basic household duties to ensure the home is kept clean and mould-free. Maintaining gardens and the pool are generally the tenant's responsibility and the owner must provide the equipment necessary for this work to be carried out. Major garden maintenance such as tree lopping is the owner's responsibility. The tenant will have to pay for any damage caused by neglect, such as stains on the carpet. But if the damage is caused by a third party not connected to the tenant, such as a tradesman, then it becomes the owner's responsibility. This can also include damage caused by a burglar or a storm. It's also the responsibility of the property owner to provide minimum security for the premises, such as lockable windows, deadlocks on external doors and exterior lighting, to ensure the safety of tenants. If the tenant wants extra measures such as burglar alarms or security screens that are not already installed, they may need to pay for these if the owner won't cover the cost, but the owner must give their approval first. Rental properties in Western Australia must now have mains-powered smoke alarms installed as well as two Residual Currency Devices or RCDs, which are circuit breaker switches that cut the power to prevent electrocutions. These are vital safety requirements the property owner must now legally provide. There may be times during the tenancy when emergency repairs to essential services need to be carried out. The property owner or their agent need to make arrangements for the repairs within 24 hours or, in the case of other urgent repairs, within 48 hours. The repairs do not have to be finished in this timeframe. Emergency repairs are defined as a fault or damage to essential services that can cause the home to be unsafe and likely to cause injury to the tenants. For example, plumbing faults such as water or sewerage leaks or blocked toilets; a gas leak or dangerous electrical faults. Urgent repairs are those that don't affect an essential service but, if not fixed, could over time cause injury, property damage or affect the tenant's standard of living. Emergency or urgent repairs should be organised by the owner or property manager within 24 or 48 hours. However, if immediate action in not taken or they can't be contacted within that time, the tenant can arrange for minimal repairs to be carried. Another major source of disputes can be the frequency and circumstances of inspections by the property owner or property manager, so there are some clear rules that balance the owner's right to inspect their property and the tenant's right to enjoy it without too many interruptions. Under tenancy laws, the property owner or their agent are not allowed to inspect the property more than four times a year and must make a reasonable effort to find a day and time that is suitable to the tenant. The tenant is given at least seven days' but no more than 14 days' notice in writing, stating the proposed date and time, and must say whether it will be before or after 12 noon. The tenant can be present during the inspection. Surprise visits without notice are illegal, so the tenant can refuse entry under these circumstances. Tenants are reminded that they are not allowed to make any alterations to the property or change the locks without the permission of the owner. It's the responsibility of the tenant not to cause a nuisance to neighbours. Anti-social behaviour by the tenant or their visitors, whether in private or public housing, can be the basis for eviction. It's also a good idea for tenants to get permission from the property owner before allowing someone else to move in with them on long-term basis and advise if they wish to sub-let the premises, provided it is not prohibited under the tenancy agreement, as written consent may be required. So there are some clear rules that apply during the tenancy, and also when it's time to move out.