Whether you’re searching for a new place to call home or looking to maximise the potential of your investment property, our latest updates are designed to keep you informed and ahead of the curve.
WHAT HAS BEEN APPLIED IN MAY 2024?
1 | RENT BIDDING BAN
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. In addition, they must not encourage a potential tenant to offer to pay more than the advertised rent amount. Landlords and their agents will be able to accept offers of more than the rental amount when the offer is freely given by tenants.
2 | RETALIATORY ACTION
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.
WHAT WILL BE APPLIED FROM END OF JULY 2024?
1 | 12 MONTH RENT RISES
Rent increases will only be allowed once every 12 months.
The minimum 12 month period before rent can be increased allows tenants time to assess the affordability of premises and plan their budget.
NOTE: Any rent increases agreed to between the parties and set out in fixed term agreements signed before commencement of the new reforms (regardless of whether the fixed term starts before or after commencement) will continue to apply until the end of the current term.These agreed rent increases can apply at 6 monthly intervals – but only if the amount or method of calculating the rent increase is set out in the agreement.
2 | PETS WELCOME
In most cases pets are allowed, however tenants must seek permission and will need to fill in an approved form to give to the landlord or agent.
These requests can be refused without making an application to the Commissioner for Consumer Protection where keeping the pet would contravene a written law, local law or scheme by-law. In addition, if a good reason is proved, for example the property not being safe for pets, this will also be considered a reasonable ground for refusal.
3 | HOME SWEET HOME
To help make a rental feel like a home, minor modifications will be allowed in most cases, however tenants must seek permission.
These modifications can be refused where a local council by-law prevents the change, if there is asbestos or the property is a heritage listing, or a good reason is provided, i.e. too expensive to restore.
At ART OF REAL ESTATE we ensure our team stay on top of current trends, seeking expert advice to ensure the best outcomes for our owners and tenants. In this update we take a dive into the WA Rental Reforms and walk you through the changes upcoming for this year.
Disputes over tenants’ rights in relation to the above, will no longer go to court, however the Commissioner for Consumer Protection will hear and rule on these as an independent authority. More changes are coming for 2025 related to bond disbursements.
We will provide more on this in the future.
For more information on the WA Rent Reforms please head to the Commerce WA website.