Commissioner for Consumer Protection Lanie Chopping has issued a stark warning relating to a number of unlawful evictions and other activity being carried out by Western Australian landlords. Her comments come following COVID-19 emergency rental laws ending on 28 March 2021, coupled with low vacancy rates in the state’s residential tenancies market.

Ms Chopping reiterated a landlord or property manager is not permitted to change locks, turn off the electricity, gas or water, or take any other action to force a tenant out of the property unless authorised by a court order.

Further, Ms Chopping explained there are penalties in place for changing locks or taking possession of a rental property without a court order.

“While there may be a period of uncertainty following the end of the emergency period on 28 March, this is not an excuse for landlords to break the law relating to evictions,” Ms Chopping said.

“Landlords, property managers and real estate agents should be well aware that there are clear processes that need to be followed to lawfully terminate a tenancy, and eviction processes to be followed if a tenant does not vacate.

“Any tenant who is being forced out illegally has rights. If a landlord is making threats, being physically intimidating or forcefully entering a property, tenants should in the first instance immediately contact the police. Tenants should also report the matter to Consumer Protection.”

The spike in activity is set to create a wave of matters for lawyers who specialise in the space, with more tenants likely to need legal advice. 

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“Tenants who are unsure of their rights should contact Consumer Protection for advice and they definitely need to get in touch for assistance if they are faced with unlawful demands to vacate their rental property,” she said.