Western Australian Consolidated Acts Western Australian Consolidated Acts (1)
Where —
(a) a
residential tenancy agreement was entered into before the commencement of this
Act and continues after such commencement; and
(b) the
tenancy under the agreement is a periodic tenancy,
this Act shall,
subject to any other provision of this Act, apply to the agreement on and from
the first day after such commencement on which rent is payable under the
agreement.
(2) Where this Act
applies to a residential tenancy agreement by virtue of
subsection (1) —
(a) any
proceedings commenced in relation to the agreement before that application may
be continued and completed as if this Act had not come into operation;
(b) any
notice to quit given in relation to the agreement before that application
shall have effect and may be enforced as if this Act had not come into
operation;
(c) any
process commenced before that application, being a process whereby the rent
may be increased under the agreement, may be continued and completed and shall
have effect to increase the rent as if this Act had not come into operation,
but subject to any order under section 32;
(d)
proceedings may be brought subject to and in accordance with this Act in
respect of any cause of action that arose before that application, not being a
cause of action subject to proceedings at the time of that application; and
(e) no
civil or criminal liability shall be incurred by virtue of that application in
respect of any act or omission before that application.
(3)
Where —
(a) this
Act becomes applicable to a residential tenancy agreement by reason of a
renewal, extension, assignment or transfer referred to in section 5(1);
and
(b) at
the time of such application a security bond in respect of the agreement has
been paid to the owner or a person acting on his behalf,
the following
provisions apply, notwithstanding section 29(4) —
(c) the
owner shall cause the person who is holding the security bond to pay the
amount of the security bond allowed by section 29(1), or such lesser
amount as is held, in accordance with either paragraph (a) or (b) of
clause 2(1) of Schedule 1;
(d) each
payment referred to in paragraph (c) shall be made not later than
21 days after this Act becomes applicable to the residential tenancy
agreement; and
(e) any
amount paid to the bond administrator under clause 2(1)(a) of
Schedule 1 shall be credited to the Rental Accommodation Account
established under clause 3 of that Schedule.
(4) Nothing in
section 29(4) applies to a periodic tenancy to which this Act becomes
applicable by virtue of subsection (1).
[Section 7 amended by No. 59 of 1995
s. 56; No. 77 of 2006 s. 17.]