After many months of debate The State government passed the residential Tenancies Amendment Act 2024 on April 16^th 2024. These upcoming changes to WA rental laws give tenants the freedom to make their house feel like a home and provide a fair balance between the rights of tenants and landlords. The new changes begin, in stages, starting May 2024 and here is what is in store.

Rent bidding ban – likely to start May 2024

A tenant cannot be pressured into paying more money to help them secure an available rental property.

Landlords or agents:

• Must advertise properties at a set amount. For example: ‘$425 per week’ not ‘offers between $400 and $500 per week’.
• Must not encourage a potential tenant to offer to pay more than the advertised rent amount.

Retaliatory action – likely to start May 2024

If a tenant believes their landlord or agent is taking action against them for exercising their rental rights (known as retaliatory action), they can challenge that action in the Magistrate’s Court.

• For example, a tenant thinks their rent was deliberately increased, or their lease agreement not renewed, just because they asked for some basic maintenance or made a complaint about their landlord or agent.

12 month rent rises – likely to start July 2024

Rent increases will only be allowed once every 12 months.

• Right now, landlords or agents can increase the rent once every six months.
• If a rental agreement is periodic (with no end date), the minimum 12-month time frame between rent increases will apply immediately when this reform begins.
• If a rental agreement is fixed (with a specific end date), the minimum 12-month period between rent increases will apply once the fixed term ends.

Pets welcome – likely to start July 2024

In most cases pets are allowed, however tenants must seek permission. Tenants will need to fill in an approved form to give to the landlord or agent.

Landlords or agents can refuse if:

• A local council by-law specifically prevents pets.
• They can prove a ‘good reason’ to the Consumer Protection Commissioner – for example the property is not fully fenced.
• A landlord can place ‘reasonable conditions’ on having a pet – for example a bird must remain in a cage, or the carpets must be professionally cleaned at the end of the tenancy.
• A landlord or agent can use the pet bond in addition to the regular bond to clean mess and fix damage a pet has caused.

Home sweet home – likely to start July 2024

To help make a rental feel like a home, small, personalised changes (known as minor modifications) will be allowed in most cases, however tenants must seek permission. The list of minor modifications allowed has not been finalised and may include:

• Hanging pictures on the wall
• Putting up flyscreens
• Installing a water-saving shower head
• Planting a vegetable garden

Landlords or agents can refuse if:

• A local council by-law specifically prevents the change
• There is asbestos or heritage listing
• They can prove a ‘good reason’ to the Consumer Protection Commissioner – for example it would be too costly to restore the property.
• A landlord or agent may be able to place ‘reasonable conditions’ on minor changes – for example a vegetable garden must be well maintained, or a certain standard hook must be used.
• At the end of the rent agreement, a tenant will have to remove any changes made and restore the premises, unless the landlord or agent has agreed to leave them – for example remove picture hooks, fill in holes and repaint the wall.

Consumer Protection Commissioner decisions – likely to begin July 2024

Disputes over tenants’ rights to have a pet, make minor changes to a property and bond release payments will no longer have to go to court.

• The Consumer Protection Commissioner will hear from both sides and rule on these disputes as an independent authority. This process is known as ‘Commissioner Determination’.
• Tenants, landlords and agents can make their case online.

Bond release – likely to start January–July 2025

A streamlined bond release process will be much simpler and prevent disputes from going to court.

• A tenant, landlord or agent can ask for the release of the bond.
• The Bond Administrator will notify all of the other parties about the application. If the parties agree, then the bond will be paid.
• If the landlord and tenants do not agree, the Consumer Protection Commissioner will hear from both sides and make a decision.

All information taken from Department of Energy, Mines, Industry Regulation and Safety.

For further information contact  The Consumer Protection Contact Centre 1300 30 40 54 consumer@dmirs.wa.gov.au