The Western Australian government has proposed significant changes to modernize the Residential Tenancies Act 1987. These updates aim to enhance tenant protections and improve the rental experience for both tenants and landlords. In this blog post, we will delve into the proposed amendments, outlining six key changes that will impact the rental market in Western Australia.
Prohibition of Rent Bidding:
Under the proposed changes, rent bidding will be prohibited. Landlords and property managers will be prohibited from pressuring or encouraging tenants to offer more than the advertised rent. This measure promotes fairness and prevents the exploitation of tenants, ensuring they are not subjected to unnecessary financial pressure during the rental application process.
Reduced Frequency of Rent Increases:
To provide greater stability in tenancy agreements, the proposed amendments seek to reduce the frequency of rent increases. Landlords will be limited to increasing rent once every 12 months, except under certain circumstances. This change offers tenants peace of mind by minimizing unexpected changes to their rental costs.
Pet Ownership Rights:
The proposed changes will allow tenants to keep pets in most rental premises, with some exceptions. Landlords will no longer be able to unreasonably refuse tenants’ requests to have pets. However, conditions related to the type of pet and property suitability may still apply. This update recognizes the importance of pets in tenants’ lives and promotes greater flexibility in pet ownership arrangements.
Minor Modifications to Rental Premises:
Under the proposed amendments, tenants will have the right to make certain minor modifications to the rental premises. Landlords will only be able to refuse consent for modifications on specific grounds. This change empowers tenants to personalize their living spaces and make minor adjustments that improve their quality of life, such as installing picture hooks or removable safety devices.
Streamlined Release of Security Bonds:
The proposed changes aim to streamline the release of security bonds at the end of a tenancy. Tenants and landlords will be able to apply separately to the bond administrator regarding how bond payments are to be disbursed. This simplification of the process ensures a smoother transition at the end of the tenancy, benefiting both parties involved.
Dispute Resolution through the Commissioner for Consumer Protection:
Disputes related to bond payments, pet ownership, and minor modifications will be referred to the Commissioner for Consumer Protection for determination. This process offers a fair and impartial resolution mechanism for disagreements, minimizing the need for costly legal proceedings and promoting efficient dispute resolution.
The proposed changes to the Residential Tenancies Act 1987 in Western Australia reflect a commitment to modernizing tenancy laws and improving the rental experience for both tenants and landlords. It is important to stay informed about these proposed changes and monitor official government sources such as DMIRS to understand their implementation and any additional updates that may occur in the future, or contact our Department Head, Sandra Elliott, for more information.