Amendments to the Residential Tenancy Act 1987 Western Australia

Today, we’re going to take a deep dive into the recently announced amendments to the Residential Tenancies Act 1987 in Western Australia.

These significant changes aim to modernize tenancy laws and find a balance between landlords and tenants.

First on the agenda is rent bidding. From now on, this will be prohibited. So, landlords and property managers will no longer be able to pressure or encourage tenants to offer more than the advertised rent. This is a crucial step to ensure fair pricing for tenants and maintain the integrity of the renting market.

Moving on to the frequency of rent increases, the law will now limit this to once every 12 months. Given the rising costs of renting in Western Australia, this change offers some relief to many tenants who are currently facing rent increases every six months.

Now, let’s talk about pets. We all know they are a big part of many people’s lives. Recognizing this, the new reforms will allow tenants to keep pets in most rental properties. Landlords can still refuse consent, but they need the Commissioner for Consumer Protection’s consent and must have a reasonable ground for refusal.

When it comes to minor modifications, the new laws offer tenants more freedom. They can make certain changes to make the rental property feel more like home, and landlords can only refuse consent under specific conditions.

The new laws also aim to make dispute resolution simpler, especially around the release of security bonds at the end of a tenancy. Tenants and landlords can apply separately regarding how bond payments are to be disbursed. If there are disagreements over bond payments, pets, or minor modifications, these will now be resolved by the Commissioner for Consumer Protection.

There’s also good news for tenancy advocates and community groups. The 2023-2024 State Budget is investing $4.5 million per year over the next two financial years into these organizations. That’s a substantial 35 per cent increase in funding, going through the Tenant Advocacy and Education Services program.

The McGowan Government has clarified that there won’t be any alterations to the “without grounds” termination provisions in the Act. The current 60 days’ notice for periodic leases and 30 days’ notice for fixed stays as it is.
To ensure a smooth transition, Consumer Protection will be working closely with key stakeholders to refine the implementation details of these changes.

Commerce Minister Sue Ellery stated that these changes are designed to alleviate the financial burden on families and provide stability and certainty for tenants. Similarly, Housing Minister John Carey emphasized the government’s focus on boosting the supply of housing and offering support to those grappling with the current tight rental market conditions.

These major amendments to the Residential Tenancies Act in Western Australia represent a significant step towards modernizing tenancy laws.

Cheng Liu
KA-CHENG Property Group
Top Local Real Estate Agency