Western Australian Consolidated Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 7

7 .         Transitional provisions

        (1)         Where — 

            (a)         a residential tenancy agreement was entered into before the commencement of this Act and continues after such commencement; and

            (b)         the tenancy under the agreement is a periodic tenancy,

                this Act shall, subject to any other provision of this Act, apply to the agreement on and from the first day after such commencement on which rent is payable under the agreement.

        (2)         Where this Act applies to a residential tenancy agreement by virtue of subsection (1) — 

            (a)         any proceedings commenced in relation to the agreement before that application may be continued and completed as if this Act had not come into operation;

            (b)         any notice to quit given in relation to the agreement before that application shall have effect and may be enforced as if this Act had not come into operation;

            (c)         any process commenced before that application, being a process whereby the rent may be increased under the agreement, may be continued and completed and shall have effect to increase the rent as if this Act had not come into operation, but subject to any order under section 32;

            (d)         proceedings may be brought subject to and in accordance with this Act in respect of any cause of action that arose before that application, not being a cause of action subject to proceedings at the time of that application; and

            (e)         no civil or criminal liability shall be incurred by virtue of that application in respect of any act or omission before that application.

        (3)         Where — 

            (a)         this Act becomes applicable to a residential tenancy agreement by reason of a renewal, extension, assignment or transfer referred to in section 5(1); and

            (b)         at the time of such application a security bond in respect of the agreement has been paid to the owner or a person acting on his behalf,

                the following provisions apply, notwithstanding section 29(4) — 

            (c)         the owner shall cause the person who is holding the security bond to pay the amount of the security bond allowed by section 29(1), or such lesser amount as is held, in accordance with either paragraph (a) or (b) of clause 2(1) of Schedule 1;

            (d)         each payment referred to in paragraph (c) shall be made not later than 21 days after this Act becomes applicable to the residential tenancy agreement; and

            (e)         any amount paid to the bond administrator under clause 2(1)(a) of Schedule 1 shall be credited to the Rental Accommodation Account established under clause 3 of that Schedule.

        (4)         Nothing in section 29(4) applies to a periodic tenancy to which this Act becomes applicable by virtue of subsection (1).

        [Section 7 amended by No. 59 of 1995 s. 56; No. 77 of 2006 s. 17.]