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Tel: 1300 30 40 54
consumer@dmirs.wa.gov.au
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A tenant cannot be pressured into paying more money to help them secure an available rental property.
Landlords or agents:
If a landlord or agent asks or encourages a tenant to offer more money, contact Consumer Protection on 1300 30 40 54.
Landlords and their agents will be able to accept offers of more than the rental amount when the offer is freely given by tenants. However, they cannot encourage or pressure a tenant to offer more than the rental amount. This includes phrases like:
If a tenant proposes offering a higher rent, the lessor or their agent must respond along the lines: “That is a matter for you and not something I want to comment on. You need to make your own decision about the value of the property and the rent you wish to pay”.
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.
Retaliatory action is action taken by the landlord or agent as payback or because the tenant sought to enforce their rental rights. Action by a landlord or agent that might be considered retaliatory includes:
Only the Magistrates Court can decide if the action by the landlord or agent is retaliatory.
The court can make an order it considers appropriate in the circumstances. This could include an order setting aside the landlord’s action or for compensation.
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.
The new law will make WA consistent with other states and territories such as the ACT, South Australia, Tasmania, Queensland, New South Wales and Victoria which require a minimum of 12 months between rent increases.
No. Where there are “rolling” fixed term leases between the same parties for the same premises, this will be treated as a continuous agreement for the purpose of calculating the timeframe and rent can only be increased once every 12 months.
Yes. Any rent increases agreed up front and written into a fixed term agreement will continue to apply until the end of the current term of the tenancy. If the agreement is renewed or extend after the end of the current term, the new provisions will apply and the next rent increase must be at least 12 months from the most recent rent increase.
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.
Yes, on reasonable grounds. You can refuse consent for your tenant to keep a pet 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.
You may make an application to the Commissioner for Consumer Protection to refuse consent for your tenant to keep a pet in a range of circumstances, such as where the premises are unsuitable for keeping a pet or where keeping the pet is likely to cause the lessor undue hardship.
You can place reasonable conditions on your consent for the tenant to keep pets. “Reasonable conditions” include:
Yes. The tenant is responsible for repairing any damage caused by the pet.
The tenant will be responsible for any nuisance caused by a pet kept at the premises.
Tenants who currently have pets or wish to have a pet often face limited choice in the number of rental premises available, or they face uncertainty if they move to another rental property. Tenants can be faced with the significant emotional stress of having to abandon a much-loved pet to secure housing.
Under the new laws, landlords will be permitted to refuse consent to have a pet where it is reasonable to do so.
The landlord may also place reasonable conditions on the keeping of a pet, such as that it must be kept outside.
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 types of minor modifications that the new laws will apply to have not yet been decided. However, it is likely that the list of minor modifications may include things like picture hooks, LED light bulbs that do not need new fittings, curtains, blind cord anchors, adhesive child safety locks, vegetable or herb garden, flyscreens on doors and windows.
A landlord will be able to impose reasonable conditions on making modifications.
The types of minor modifications will be decided through consultation in the coming months.
It depends on the type of modification that the tenant is asking to make and why you want to refuse.
If the modification is on the list that will be prescribed in the Residential Tenancies Regulations, you will only be able to refuse consent in limited circumstances. The types of modifications on this list have not been decided yet but will probably include things like picture hooks, LED light bulbs that do not need new fittings, curtains, blind cord anchors, adhesive child safety locks, vegetable or herb garden, flyscreens on doors and windows.
You will be able to refuse the request without making an application to the Commissioner for Consumer Protection in a few situations, such as where the modification would disturb material containing asbestos or a written law or scheme by-laws prohibit making the modification.
You will be able to make an application to the Commissioner for Consumer Protection to refuse in other circumstances such as where the modification would result in additional maintenance costs, would make the premises unsafe or the action required to reverse the modification is not reasonably practical.
You may also impose reasonable conditions on making the modifications. For some modifications this includes that the work must be undertaken by a qualified person.
For other more significant modifications, landlords will be able to refuse consent, but consent cannot unreasonably be withheld.
You can place reasonable conditions on your consent for the tenant to make minor modifications. “Reasonable conditions” include:
Further details will be decided through consultation in the coming months.
Yes. Unless otherwise agreed, the tenant will be required to either:
The rental sector is growing and more Western Australians are renting for longer and through different life stages.
An increasing number of WA tenants see their rental property as their long-term home. Allowing tenants to make small modifications to the rental premises helps them feel at home and allows them to stay for longer.
The types of modifications that tenants will be allowed to make will be minor, probably things like hanging picture hooks, installing a vegetable or herb garden or installing flyscreens. Landlords will be able to refuse consent for modifications in reasonable circumstances, such as where the modification would contravene strata rules.
Landlords will still be able to refuse consent for major modifications, such as those that affect the structural integrity of the premises.
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.
Decisions of the Commissioner for Consumer Protection will be transparent and based on evidence provided by the tenant and landlord. A written decision of the Commissioner for Consumer Protection will be provided to the landlord and tenants so they can read the reasons why the bond was disposed in a particular way.
If parties are not satisfied with a decision of the Commissioner for Consumer Protection, they can appeal it to the Magistrates Court. The Magistrates Court will then make an order.
A streamlined bond release process will be much simpler and prevent disputes from going to court.
The rules about when the landlord is entitled to the bond money will not change. If the tenant damages the property, or there is unpaid rent, the landlord may recover the debt from the bond.
The Consumer Protection Contact Centre can walk you through the reforms and what they mean for you. Call 1300 30 40 54 or email
Subscribe to Consumer Protection tenant or industry bulletins for regular updates, including start dates for individual reforms.
WA Rent Reforms factsheet for tenants | 458.15KB | |
WA Rent Reforms factsheet for landlords and agents | 318.12KB | |
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