Stormy Weather in Perth: What renters and buyers need to know

Winter in Perth often brings its fair share of wild weather — a few days of powerful winds, heavy rain, and even property damage. If last weekend’s storm was any indication, we might be in for more turbulent weather this season.

But what happens when a property is damaged mid-lease or while under contract? Here’s what you need to know about your rights and responsibilities as a tenant, landlord, or buyer.

Renting? Here’s what to do is strom damage strikes!

For rental properties, the owner is responsible for repairing storm damage promptly and reasonably. But in more serious cases — when the home becomes uninhabitable — Section 69 of the Residential Tenancies Act comes into play.

Key points for tenants and landlords:

• Rent abatement: If the property can’t be lived in, rent will be reduced or waived.

• Ending the lease:

  • Tenants can end the lease with just two days’ notice.

  • Owners must provide at least seven days’ notice if they wish to terminate the agreement.

Buying or Selling? What Happens If the Property Is Damaged

If you’ve signed a contract but haven’t settled yet, and the property is hit by a storm, Clause 8 of the Joint Form of General Conditions outlines what happens next.

Here’s a quick guide:

• Significant damage:
  The seller (via their agent) must immediately notify the buyer if the home becomes substantially uninhabitable or major improvements are unusable.

• Minor damage:
  Sellers are still expected to maintain the home in the same condition it was in at the time of the contract, as stated in Clause 9.1(e).

• Legal advice:
  If in doubt, sellers should seek legal advice to understand their obligations and options.

Dividing Fences: Who’s Responsible?

If a storm brings down a dividing fence during a contract period, it’s the current owner's responsibility (alongside the neighbour) to ensure it's repaired or replaced within a reasonable timeframe.

Buyers are not liable for fence repairs prior to settlement.

For more information, contact your local council or check the Consumer Protection section on the Department of Commerce website.

Need Advice? We’re Here to Help

At Peard Real Estate, we understand how stressful weather-related property issues can be — especially in the middle of a lease or sale. Our experienced team is here to guide you through every step with clarity and care.

If you are one of our tenants experiencing storm damanage, please refer to your PM Emergency contact detail - these are issues prior to storms so keep a look out.