Residential Tenancies Act 1987
Residential Tenancies Amendment Regulations (No. 2) 2023
Western Australia
Residential Tenancies Amendment Regulations (No. 2) 2023
Contents
1.Citation1
2.Commencement1
3.Regulations amended1
4.Regulation 5ABA inserted1
5ABA.Modified application of Act s. 27A — lessor may enter into agreement amended to reflect lawful terms1
5.Regulation 6B inserted2
6B.Exemption from Act s. 45(2)(b) if Housing Authority is lessor2
6.Regulation 7A amended3
7.Regulation 7FA inserted3
7FA.Modified application of Act s. 85 for Housing Authority3
Residential Tenancies Act 1987
Residential Tenancies Amendment Regulations (No. 2) 2023
Made by the Governor in Executive Council.
These regulations come into operation as follows —
(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;
(b)the rest of the regulations — on the day after that day.
These regulations amend the Residential Tenancies Regulations 1989.
After regulation 5AB insert:
5ABA.Modified application of Act s. 27A — lessor may enter into agreement amended to reflect lawful terms
Under section 6(a) of the Act it is provided that section 27A of the Act applies to any written residential tenancy agreement as if it were modified by:
(a)deleting “A lessor” and inserting:
(1)A lessor
(b)inserting at the end of section 27A:
(2)However, the lessor does not commit an offence against subsection (1) if the written residential tenancy agreement has been amended only to the extent necessary to —
(a)reflect the terms that lawfully apply to the agreement; or
(b)make incidental changes because the agreement has been amended under paragraph (a).
After regulation 6A insert:
6B.Exemption from Act s. 45(2)(b) if Housing Authority is lessor
Under section 6(a) of the Act it is provided that section 45(2)(b) of the Act does not apply to a residential tenancy agreement if the Housing Authority is the lessor.
(1)In regulation 7A(1) delete the definition of Register of Heritage Places.
(2)In regulation 7A(3)(a) delete “the Register of Heritage Places; or” and insert:
the State Register of Heritage Places maintained under the Heritage Act 2018 section 35(1); or
(3)In regulation 7A(4) delete “prescribed in the regulations; and”” and insert:
prescribed; and”
After regulation 7F insert:
7FA.Modified application of Act s. 85 for Housing Authority
(1)This regulation applies if the Housing Authority is the lessor of residential premises.
(2)Under section 6(b) of the Act it is provided that section 85(1) of the Act applies to the premises as if it were modified by inserting after paragraph (b):
(ba)if the Housing Authority gives the notice or document in relation to premises of which the Authority is the lessor — be given by leaving it at that premises; or
V. MOLAN, Clerk of the Executive Council
© State of Western Australia 2023. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2023. By Authority: GEOFF O. LAWN, Government Printer