Navigating the real estate market can be complex, whether you’re buying your first home, selling a long-term investment, or managing a rental. Every year, thousands of West Australians seek clarity on their rights and responsibilities.
In 2025 alone, the REIWA Information Services team handled over 7,000 enquiries. To help you stay informed, we’ve compiled the most common questions from last year to give you a head start on your next property move.
For Sellers & Buyers: Navigating the Contract
What happens if a buyer’s finance falls through? If a contract is “subject-to-finance” and the buyer cannot secure approval within the agreed timeframe, they can usually withdraw without penalty. However, if the contract is unconditional, the buyer may be in breach of contract, potentially leading to the loss of their deposit or legal claims for losses.
Do sellers have to fix issues found in a building inspection? If a major structural defect is identified, the seller can choose to repair it or negotiate. If the seller refuses to remedy a major defect, the buyer may have the right to terminate the contract. It’s vital to be clear on the specific conditions and timeframes in your agreement.
What about “unapproved” structures? Patios, sheds, or extensions without council approval can be risky. They can impact your ability to get finance or insurance, and you might be forced to remove them later. We always recommend making a contract subject to these approvals being verified.
For Tenants: Rent & Lease Logistics
How often can my rent be increased? In WA, rent can only be increased once every 12 months. Landlords must provide at least 60 days’ written notice using the official “Form 10.” While there is no legal “cap” on the amount, the increase must be reasonable and reflect current market conditions.
Why am I being charged “break lease” costs? Moving out before your fixed-term lease ends doesn’t automatically end your financial obligations. You may be responsible for “reasonable costs,” such as lost rent until a new tenant is found and a portion of the leasing fees. All parties are required to take steps to keep these costs to a minimum.
The “Rent in Advance” Confusion Many tenants feel they are “behind” at the end of a lease. Remember: the two weeks’ rent paid at the start covers your first two weeks. You must continue paying weekly from that point on so that your rent is always paid up to the due date.
For Landlords: Maintenance & Requests
What qualifies as an “Urgent Repair”? Urgent repairs are those that make a property unsafe or unlivable.
- Essential services (water, power, gas, sewerage): You must arrange repairs within 24 hours.
- Other urgent repairs (e.g., broken windows, roof leaks): You must arrange repairs within 48 hours.
Can I refuse a request for a pet or minor modification? Tenants must formally request these, and as a landlord, you must respond within specific legal timeframes. In many cases, you may need to apply to the Commissioner if you wish to refuse. If you don’t respond in time, the request may be deemed “approved,” so prompt communication is key.
Knowledge is Power
Whether you are negotiating a sale or starting a new tenancy, understanding the rules ensures a smoother experience for everyone involved.
Are you facing a specific situation not covered here? Reach out to our team at Holdsworth Real Estate—we’re here to help you navigate the Perth market with confidence.