Western Australian Consolidated Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 43

43 .         Compensation where tenant sees to repairs

        (1)         It is a term of every agreement that the owner shall compensate the tenant for any reasonable expense incurred by the tenant in making urgent repairs to premises where — 

            (a)         the state of disrepair has arisen otherwise than as a result of a breach of the agreement by the tenant and is likely to cause injury to person or property or undue inconvenience to the tenant; and

            (b)         the tenant has made a reasonable attempt to give to the owner notice of the state of disrepair and of his intention to incur expense in repairing the premises.

        (2)         An owner is not obliged to compensate the tenant under the term prescribed by subsection (1) unless — 

            (a)         the repairs are carried out by a person who holds a licence that he is required to hold under any written law to perform such work; and

            (b)         the tenant has furnished to the owner a report prepared by that person as to the apparent cause of the state of disrepair.

        (3)         The term prescribed by subsection (1) applies notwithstanding that the tenant has notice of the state of the premises at the time when the agreement is entered into.

        (4)         In this section premises includes chattels provided with the premises (whether under the agreement or not) for use by the tenant.