Every year, thousands of West Australians contact REIWA’s Information Services team looking for clarity on property matters.

The team is made up of real estate specialists who can explain your rights and responsibilities, outline what to expect at different stages of a sale or tenancy, and clarify common contract and leasing issues.

In 2025, our Information Services team handled over 7,000 public enquiries. These are some of the most common questions they were asked.

Sellers

What happens if a buyer cannot get finance?

If the contract is subject-to-finance and the buyer cannot obtain approval within the agreed timeframe, they may be able to withdraw without penalty. Buyers must make their best endevours to obtain finance.

If there is no finance condition (ie. Contract is unconditional), they may be in breach of contract if settlement does not proceed. This can include loss of the deposit and possible claims for loss.

What happens if either party wants to withdraw from the contract?

Once a contract is signed, both parties are legally bound. A party can only withdraw if the contract allows it, such as under a finance or building inspection condition.

Withdrawing without a valid contractual right can result in penalties, including loss of the deposit or legal action.

Does a seller need to fix issues raised in a building inspection?

If a major structural defect is found, the seller can choose to remedy the issue or negotiate repairs. Should the seller choose not to remedy, the contract may be terminated.

Buyer’s should ensure they are aware of the conditions and time frames surrounding the building inspection.

Buyers

Do I have to be told about issues like defective pipes?

Yes, if the issue is considered a material fact. A material fact is something that could reasonably be expected to influence your decision to buy the property or the price you are willing to pay.

This can include known issues such as major plumbing defects, structural problems or defective building materials. Sellers and agents must not mislead buyers or withhold material facts, but buyers should also ask direct questions and consider building inspections.

What happens if part of the property isn’t council approved?

Unapproved structures can create risks for buyers. This may affect your ability to obtain finance or insurance, and you could be required to remove or rectify the structure in the future.

Buyers may make the contract subject to approvals being obtained. It’s important to check council approvals and seek advice before committing the purchase.

Tenants

How much can my rent be increased and how often?

In WA, rent can only be increased once every 12 months. The landlord or agent must give at least 60 days’ written notice before the increase takes effect by using the prescribed Form 10.

There is no fixed cap on rent increases, but they must be reasonable and in keeping with the market conditions. Tenants can challenge an increase they believe is excessive.

Why am I being charged break lease costs if I gave notice?

Giving notice does not remove your financial responsibility under a fixed-term lease. If you leave early, the landlord may recover reasonable costs, such as lost rent until a new tenant is found, and reimbursement back for any fee they paid at the commencement of the current lease, that they may not have received the full benefit of.

The landlord, property manager and tenant all must take reasonable steps to minimise these costs. Break lease charges must reflect actual losses.

Why does my rent look like I’m behind when I paid in advance?

The two-week rent that is paid at the start of your lease is used to cover the first two weeks of your tenancy. Your next week's rent will then need to be paid every week from that date, making sure that the rent you pay is in the account, on or before the next due date.

If you stop paying rent before the tenancy ends, the rent you paid at the start has already been used, which can make it look like you are behind on your rent. This is a common source of confusion, particularly at the end of a tenancy.

Landlords

What notice do I need to give for a rent increase?

A notice of not less than 60 days’ written notice is required to be issued, using the prescribed Form 10 and rent can usually only be increased once every 12 months.

Always check the lease and current legislation before issuing an increase. A REIWA property manager will be kept up to date with current legislation and requirements.

What counts as an urgent repair? And how quickly do I need to complete them?

Urgent repairs are issues that make the property unsafe, unsecure or unlivable, such as loss of essential services or damage that exposes the property to the elements.

For essential services like water, power, gas or sewerage, repairs need to be arranged within 24 hours. Other urgent repairs must be arranged within 48 hours and completed as soon as practicable.

Note: This timeframe applies to the organising of the repair, not the actual repair itself.

Can I refuse a tenant’s request for a pet or minor modifications?

Tenants must formally request pets or minor modifications. Landlords are required to respond within set timeframes, and in some cases must apply to the Commissioner to refuse or impose conditions.

If the correct process is not followed, the request may be taken to be approved. Each request should be assessed on its own merits and in line with current tenancy legislation.

You can find the answers to many common property questions on the Information Services page on reiwa.com. If you need further information, you can contact the team on 08 9380 8200 or email [email protected]. The service is available Monday to Friday, 9am to 5pm.

If you’re not involved in a transaction with a REIWA member, you can contact the Department of Local Government, Industry Regulation and Safety (LGIRS) on 1300 304 054 or email [email protected].