Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an owner or
tenant under a residential tenancy agreement or a party to an agreement for an
option to enter into a residential tenancy agreement claims that a breach of
the agreement has occurred or that a dispute has arisen under the agreement,
he may apply for relief to a competent court.
(2) Upon such an
application the court may —
(a) by
such order as it considers appropriate in the circumstances —
(i)
restrain any action in breach of the agreement; or
(ii)
require any action in performance of the agreement;
(b)
order the payment of any amount payable under the agreement;
(c)
order the payment of compensation for loss or injury, other than personal
injury, caused by any breach of the agreement;
(d)
authorise payment of the rent under the agreement into a local court until the
agreement has been performed or any application for compensation has been
determined, and order that such rent be paid out towards the cost of remedying
the breach or towards the amount of any compensation or otherwise as it
considers appropriate; and
(e) make
such ancillary or incidental order as the court considers appropriate.
(3) The court may make
an order under subsection (2)(a) notwithstanding that it provides a
remedy in the nature of an injunction or order for specific performance in
circumstances in which such remedy would not otherwise be available.
(4) Upon an
application with respect to the breach of an agreement, the court shall take
into account any previous breaches by the tenant of the agreement.
[Section 15 amended by No. 50 of 1988
s. 8 and 18; No. 59 of 2004 s. 120 and 121.]