Western Australian Consolidated Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 57

57 .         Accelerated rent and liquidated damages prohibited

        (1)         Where an agreement provides that, upon breach by the tenant of the agreement to pay rent or any other term of the agreement or breach of this Act or any other written law, the tenant is liable to pay — 

            (a)         all or any part of the rent remaining payable under the agreement;

            (b)         rent of an increased amount;

            (c)         any amount by way of a penalty; or

            (d)         any amount by way of liquidated damages,

                the provision is to that extent void and of no effect.

        (2)         Where an agreement provides that, if the tenant does not breach the agreement to pay rent or any other term of the agreement or any provision of this Act or any other written law, the rent shall or may be decreased or the tenant shall or may be granted or paid a rebate, refund or other benefit, the agreement shall be deemed to have been varied from the commencement of the tenancy so that the tenant is entitled to the reduction, rebate, refund or other benefit in any event.