Landlord Damage Dispute Guide

Summary

In Western Australia, tenants have rights under the Residential Tenancies Act 1987, including receiving an itemized list of damages and the opportunity to repair them. If a landlord sues for damages without giving this opportunity, tenants can dispute the claim through the Magistrates Court. To initiate a dispute, complete and file a Form 6 at the Magistrates Court and pay the filing fee. For specific legal text, refer to the Residential Tenancies Act 1987 on the official Western Australian Legislation website.

Full Conversation

Yes they have although from her initial email to the court documents I have received the price for these damages has changed
Thank you for the additional information. It appears you have some concerns regarding the change in the price of damages claimed by your landlord.
In Western Australia, the Residential Tenancies Act * outlines the rights and responsibilities of landlords and tenants. Here are a few key points:
- **Itemized List:** The landlord must provide a detailed list of damages.
- **Opportunity to Repair:** Tenants should generally be given the opportunity to repair damages.
- **Disputing Claims:** You can dispute the claim through the Magistrates Court if you believe the charges are unfair.
Could you please confirm if the landlord has given you any opportunity to repair the damages before they increased the price?
For more detailed advice, you may consider contacting the following:

Western Australia Magistrates Court


Phone: (*) * *
Address: * Hay Street, Perth WA *
Website: www.magistratescourt.wa.gov.au
No opportunity was given
Thank you for confirming. Here are some key points from the Residential Tenancies Act * in Western Australia that might help:
- **Itemized List:** Landlords must provide a detailed list of damages.
- **Opportunity to Repair:** Tenants should be given an opportunity to repair damages.
- **Disputing Claims:** You can dispute the claim through the Magistrates Court.
Would you like information on how to initiate a dispute at the Magistrates Court?

Magistrates Court of Western Australia


Phone: (*) * *
Website: www.magistratescourt.wa.gov.au
Where exactly can I find details on the “opportunity to repair” in the residential tenancies act *
In the Residential Tenancies Act * (Western Australia), you can find details on the "opportunity to repair" under the following sections:
- **Section *:** Relates to tenant obligations and provides information on damage and repair responsibilities.
- **Section *:** Discusses breaches, including the tenant's right to rectify.
Would you like information on how to proceed with a dispute at the Magistrates Court?
Yes please
To initiate a dispute at the Magistrates Court in Western Australia, you can follow these steps:
- **Complete a Form ***: This is the application form for a minor case claim.
- **File the Form**: Submit the completed form at your nearest Magistrates Court.
- **Pay the Filing Fee**: There is a fee associated with filing a claim.

Magistrates Court of Western Australia


Phone: (*) * *
Address: * Hay Street, Perth WA *
Website: www.magistratescourt.wa.gov.au
What page number is section * on?
I'm unable to provide the exact page number for Section * of the Residential Tenancies Act * (Western Australia) as it may vary in different versions of the document. However, you can find the Act on the official Western Australian Legislation website, where it is usually searchable by section number.
Would you like the link to access the Residential Tenancies Act * online?
Yes please
Sure! You can access the Residential Tenancies Act * (Western Australia) online via the official Western Australian Legislation website. Here is the link:
[Residential Tenancies Act * (Western Australia)](https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_737_homepage.html)
Would you need further assistance with your dispute at the Magistrates Court?
I’m having trouble finding section * is there any other way to find it
I understand it can be challenging to locate specific sections in lengthy legal documents. You might want to use the search function on the webpage to directly locate "Section *" within the Residential Tenancies Act *.
Would you like guidance on how to use the search function on the official legislation website?
Can you tell me the entire section *
I can provide a summary of Section * of the Residential Tenancies Act * (Western Australia):
- **Section *: Breaches by Tenant**
- Details the actions a landlord may take if a tenant breaches the lease agreement.
- Includes the tenant's right to rectify breaches before further action is taken.
For the full text, please refer to the [Residential Tenancies Act * (Western Australia)](https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_737_homepage.html).
Remind me again of where to find “lessor must give notice of damages before repairing it themselves to give opportunity to the tenant to perform the repairs themselves”
Sure, I can help with that. To provide accurate information, could you please let me know your location (state or country)? This will help identify the relevant laws and regulations.
Australia, W.A
In Western Australia, the Residential Tenancies Act * governs the relationship between lessors and tenants. According to sections of this Act:
- The lessor must provide written notice of any damage.
- The tenant must be given a reasonable opportunity to repair the damage before the lessor undertakes repairs.
For more details, you can refer to the Residential Tenancies Act * (WA) or visit the Department of Mines, Industry Regulation and Safety (DMIRS) website.
Do you know where to find that on the act
Certainly! In the Residential Tenancies Act * (WA), you can find the pertinent details regarding the lessor's obligation to notify the tenant of damages and provide an opportunity for the tenant to repair under:
- **Section ***: Notice of damage and opportunity for tenant to repair before the lessor undertakes repairs.
For more detailed information, you can visit the [Department of Mines, Industry Regulation and Safety (DMIRS) website](http://www.dmirs.wa.gov.au).
Would you like further assistance with this?