29 November 2023

The Western Australian Government has today introduced legislation into Parliament which proposes a series of residential tenancy law reforms that will directly affect landlords, property managers and real estate agents.

• Tenants will be allowed to keep pets with the landlord only able to refuse in certain circumstances (for example where having a pet is prohibited by a strata by-law) or with the approval of the Commissioner for Consumer Protection. The scope of the pet bond will be expanded so that it can be used to fix damage or undertake cleaning required because of the pet. Landlords will be able to place conditions on the tenant keeping a pet.

• Tenants will be allowed to make certain minor modifications to the rental property, with the landlord only able to refuse in certain circumstances or with the approval of the Commissioner for Consumer Protection. A list of minor modifications will be prescribed and may include things like installing flyscreens, a water-saving shower head or a vegetable garden. Unless otherwise agreed, tenants would need to restore the premises to its original condition at the end of the tenancy or compensate the landlord for restoration costs. Landlords will be able to place conditions on the minor modifications in certain circumstances.

• Rent increases will be limited to once every 12 months.

• The bond disposal process will be easier by allowing landlords and tenants to separately start the application process for the release of the bond.

• Most disputes relating to bonds, pets and minor modifications will be determined by the Commissioner for Consumer Protection rather than the Magistrate's Court.

• Tenants will be able to apply to the Magistrate's Court for relief when the landlord takes retaliatory action against the tenant enforcing their rights.

• Any person (including landlords, and real estate agents and property managers) will be prohibited from encouraging tenants to offer a higher rent to secure a property - known as rent bidding.

Note: The Government decided not to remove the ‘without grounds terminations’ clause due to current market conditions