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WA New Rental Lease and Real Estate Agents Inspection

Discussion in 'Property Law Forum' started by PeterC, 10 January 2015.

  1. PeterC

    PeterC Member

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    My wife and I rent a house in WA. We renewed the lease last year and the commencement date of the new lease was 4/10/14 and six-monthly inspections were agreed to by all parties. The real estate agents claim that as our last inspection was in August 2014 our next inspection should be on the 10th February 2015. Firstly, that is only five months but my argument is; if we signed a new lease that commences on 4/10/14 should the inspection not be on 4/4/15? After all, that is six months after the commencement date of the current lease. Surely the previous lease becomes null and void after signing the new one, does it not?
     
  2. Amanda E

    Amanda E Well-Known Member

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    Hi @PeterC
    If you have signed a new lease that replaces the old one, then the terms of the new lease apply. So look at what the new lease terms say about inspections. Then hopefully the terms about inspections are reasonable and you can go back to the real estate agent and have a discussion about when is the next mutually convenient time for an inspection - in accordance with the terms of the new lease.

    See the WA Department of Commerce "Rent inspections" page which sets some things out in an easy to understand way and section 46 of the Residential Tenancies Act (the actual legislation that governs residential leases). The WA Renting a Home: Tenant's Guide also sets out more information about inspections and what to do if you can't reach an amicable agreement in this situation. For example, the landlord or their agent has the right to carry out routine inspections no more than four times a year.
     
  3. PeterC

    PeterC Member

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    Thank you so much Amanda E, brilliant.
    I responded to the agent pointing this out (quoting similar comments from Tenancy WA) and as yet have had no response.
    I doubt I'll hear from them until April.
    We have had no end of problems with this agency and twice a rep' has been on this property unannounced. That is highly irregular.
    I thank you again for your response.
    Regards
     

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