As a tenant, if your tenancy agreement is nearing its expiry date, you may be wondering about the process of renewing the contract. In Western Australia, tenancy agreement renewal is governed by the Residential Tenancies Act 1987, which provides guidelines for both landlords and tenants. In this article, we will take a closer look at the tenancy agreement renewal process in WA.
1. When to Renew the Tenancy Agreement
A tenancy agreement in WA can be renewed at any time before the current agreement expires. The landlord and the tenant can decide to renew the agreement without any changes, or they can negotiate any changes in the terms of the agreement. A landlord cannot force a tenant to renew the tenancy agreement.
2. Negotiating the Renewal
When renewing the tenancy agreement, both the landlord and the tenant can make changes to the terms of the original agreement. If the tenant wants to negotiate, they should do so before the current agreement expires. The negotiation can involve changes in the rent amount, lease duration, or other terms that need to be updated.
3. Notice of Renewal
If both the landlord and the tenant agree to renew the tenancy agreement, they must sign a new agreement that outlines the changes. If the terms remain the same, a new agreement is not required, and the landlord and the tenant can continue with the existing agreement.
4. Termination of the Tenancy Agreement
If one party does not want to renew the tenancy agreement, they must provide written notice to the other party before the current agreement expires. The notice period depends on the length of the agreement. If the agreement is for a fixed term of less than three years, the notice period is 30 days. If the agreement is for a fixed term of three years or more, the notice period is 60 days.
5. Dispute Resolution
If there is a disagreement between the landlord and the tenant during the renewal process, they can seek help from the Western Australian government`s Dispute Resolution Service. The service provides free mediation services to resolve disputes and can help both parties come to a mutually agreeable solution.
In conclusion, renewing a tenancy agreement in WA is a relatively straightforward process. As long as both the landlord and the tenant are in agreement, the process can be completed with minimal paperwork. However, if there are any discrepancies, it is advisable to seek help from the Dispute Resolution Service to resolve the matter.