Fewer rent increases, pets and minor modifications allowed in most rentals and a new process to resolve disputes form four big changes to Western Australia’s tenancy laws.
You might remember back in May the state banned rent bidding and gave more protection for tenants to exercise their rental rights by empowering them to challenge retaliatory action by landlords in Court. Here’s what the next raft of changes, starting 29 July, means for renters and landlords.
To help make a rental feel like a home, small, personalised changes will be allowed in most cases. This could include minor modifications such as hanging pictures, painting a wall, installing child safety locks or a water saving shower head. Tenants will have to seek permission from their landlord before making any changes.
The request can only be refused in a few situations such as if a local council or strata by-law specifically prevents the change, the modification will disturb asbestos or there is a heritage listing. The landlord may also be allowed to refuse the modification if they provide a ‘good reason’ to the Commissioner for Consumer Protection, for example it would be too costly to restore the property.
At the end of the rental agreement, a tenant will have to remove any changes made and restore the premises, unless the landlord has agreed to leave them.
Just like with minor modifications, the good news is pets will now be mostly allowed. Permission must be sought, and the landlord can only refuse if written laws, local laws or by-laws prevent them, or if a good reason can be provided to the Commissioner, such as the property not having fencing.
Landlords can also impose reasonable conditions like requiring fumigation at the end of the tenancy, but some conditions will require the approval of the Commissioner – for example requiring a pet cat to be kept in an enclosure when outside.
To help renters plan their budgets and assess the affordability of a home, rent increases will only be allowed once every 12 months, down from every six months previously.
The minimum 12-month timeframe will begin from 29 July for periodic tenancies, while for fixed-term tenancies it will start once the current term of the lease agreement ends.
The fourth part to these latest set of reforms is a new Commissioner dispute resolution process known as ‘Commissioner Determination’. This removes the need to go to Court for simple disputes.
Going to court is onerous and intimidating but with this new process tenants, landlords and agents can make their case easily online and the Commissioner will rule as an independent authority. All parties will receive a written reason for the decision.
The Commissioner dispute resolution process will be extended to include bond releases from early 2025.
The Consumer Protection website goes into detail about each of the reforms – www.demirs.wa.gov.au/warentreforms or call on 1300 30 40 54 if you’d prefer to speak to someone.
