Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person shall
not —
(a)
require the payment of, or receive, more than one security bond in relation to
any residential tenancy agreement; or
(b)
require the payment of, or receive, a security bond of an amount exceeding in
the aggregate —
(i)
4 weeks’ rent under the residential tenancy
agreement in relation to which it is required or received; and
(ii)
where the tenant is permitted to keep any cat or dog on
the premises, the amount of $50, or such other amount as is prescribed, to
meet the cost of any fumigation of the premises that may be required on the
termination of the tenancy.
Penalty: $1 000.
(2)
Subsection (1)(b) does not apply in relation to a residential tenancy
agreement where —
(a) the
weekly rate of rent payable under the agreement exceeds a prescribed amount;
or
(b) the
premises to which the agreement relates were during the whole of the
3 months immediately preceding the entering into of the agreement the
principal private residence of the owner.
(3) Where, during the
period of 6 months after the day on which the tenancy under a residential
tenancy agreement commenced, the rent payable under the agreement decreases or
is decreased, the amount paid in excess of the lower or, as the case may be,
lowest rate of rent payable under the agreement during that period, together
with the amount (if any) allowed by subsection (1)(b)(ii), shall be
deemed to have been paid as a security bond.
(4) A person who
receives a security bond paid in relation to a residential tenancy
agreement —
(a)
shall forthwith give or cause to be given to the person paying the bond a
receipt specifying the date on which the bond was received, the name of the
person paying the bond, the amount paid and the premises in respect of which
it is paid;
(b)
shall pay the amount of the security bond in accordance with the provisions
contained in Schedule 1;
(c)
shall keep, or cause to be kept, in a form approved by the Minister a record
of the payment referred to in paragraph (b) that includes the following
details —
(i)
the date on which the amount was paid;
(ii)
the amount paid; and
(iii)
if the payment was under clause 2(1)(b) of
Schedule 1, the name of the financial institution to which the amount was
paid and the name and number of the account into which the amount was paid;
and
(d)
shall give or cause to be given to the person who paid the bond within such
period as is prescribed a copy of the record referred to in
paragraph (c).
Penalty: $4 000.
(5) A person shall
not, without reasonable excuse, refuse or fail to produce a record referred to
in subsection (4)(c) when required to do so by an officer of the
Department.
Penalty: $1 000.
(6) A person shall not
make an entry in a record referred to in subsection (4)(c) that the
person knows is false in a material particular.
Penalty: $1 000.
[Section 29 amended by No. 59 of 1995
s. 47 and 55; No. 69 of 2006 s. 31.]