Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A tenant under a
residential tenancy agreement may apply to a competent court for an order
declaring that the rent payable in respect of the premises is excessive.
(2) An application
under subsection (1) may only be made on one or more of the following
grounds —
(a) that
since the tenancy was entered into, renewed or extended there has been,
without any default on the part of the tenant, a significant reduction in the
chattels provided with the premises or in the facilities provided, or both;
(b) that
the owner was wholly or partly motivated in his approach to the level of rent
by a desire that the tenancy be terminated,
but may be so made
notwithstanding that the tenant has agreed to the rent to which the
application relates.
(3) The court shall,
in determining whether or not the rent payable in respect of the premises is
excessive, have regard to —
(a) the
general level of rents for comparable premises in the locality or a similar
locality;
(b) the
estimated capital value of the premises at the date of the application;
(c) the
amount of the outgoings in respect of the premises required to be borne by the
owner under the agreement;
(d) the
estimated cost of any services provided by the owner or tenant under the
agreement;
(e) the
value and nature of the chattels provided with the premises for use by the
tenant;
(f) the
accommodation and amenities provided in the premises and the state of repair
and general condition thereof; and
(g) any
other relevant matter.
(4) Where a court
determines on an application under this section that the rent payable in
respect of the premises is excessive, it may, having regard to the justice and
merits of the case, order that from a specified day, not being earlier than
the date of the application by the tenant, the rent payable in respect of the
premises under the residential tenancy agreement shall not exceed a specified
amount.
(5) An order made by a
court under subsection (4) has effect until the expiration of the tenancy
of the person who applied for the order or of such period not exceeding
6 months as is fixed by the court commencing on the day on which the
order is made, whichever is the earlier.
(6) A court may, upon
application by the owner of any premises in respect of which an order under
this section has been made, if satisfied having regard to the matters set out
in subsection (3) that it is just to do so, vary or revoke the order.
(7) A person shall not
demand or receive any rent in respect of premises of an amount that exceeds
the amount fixed by an order under this section in respect of the premises.
Penalty: $1 000.
[Section 32 amended by No. 50 of 1988
s. 18; No. 59 of 2004 s. 120 and 121.]