THE Department of Consumer Protection has raised concerns that a growing number of real estate agents in Western Australia are breaching the Residential Tenancy Act by requiring tenants leaving a rental property at the end of a lease to give 21 days’ notice.
The department said some agents were adding this as a clause in rental agreements and when the tenant moved without giving notice were deducting three weeks’ rent from their bond.
Consumer Protection has received more than 30 complaints this year about the practicel.
“A fixed-term lease has an expiry date and the tenant does not need to give notice if they don’t intend renewing the lease, and they certainly should not be penalised,” Consumer Protection Commissioner Anne Driscoll said.
“It is the responsibility of the real estate agent or property manager to contact the tenant prior to the expiry of the lease to determine if the tenant wishes to renew or is planning to move out.
“Any agent who has this clause linked to the end of the fixed-term rental period should immediately remove it. Legal action will be taken if such a clause is enforced.”