The WA state government has announced the next stage in rental reforms will come into effect as of 29th of July 2024. These include 12 month rent rises, Pets welcome, Home sweet Home, and Consumer protection commissioner decisions. What do these mean for you?
12 Month Rent Rises
This reform sees the legislation change rental increases from being allowed each 6 months to each 12 months. This brings WA in line with the legislation in other states and territories including Victoria, New South Wales, Queensland, Tasmania, South Australia and the ACT. The minimum 12 month period allows tenants time to assess the affordability of the home and means they will be able to budget accordingly.
So what does this mean for current leases?
Periodical Leases
For periodical lease agreements (month to month) the minimum time frame between rent increases will apply from 29th of July 2024 regardless of when the agreement was initially signed.
Fixed Term Leases
For Fixed term leases that are signed on or after the 29th of July the minimum 12month rental increase will apply immediately. For fixed term leases signed before this day, the minimum 12 month time frame will apply once the current fixed term contact ends.
Leases shorter than 12 months
If you enter a 6 month contact and renew that contact in the same property for a further period of time, this is treated as a continuous agreement and rents can only be increased every 12 months.
I was given notice of a rent increase before 29 July 2024 that will take effect after that date, does it still apply?
For a period tenancy this will not apply, you rent will be set at the date of 29th July 2024 for a further 12 months before it can be increased again.
For a fixed term agreement this increase will still apply if the notice was given before the 29th of July 2024.
I signed my lease before the 29th of July 2024 but the agreement doesn’t start until after that date, does this mean I am now entitled to the 12 month period?
No, unfortunately if the contract was signed before the 29th of July 2024, the 6 month period will still apply until the end of your contract.
Pets Welcome
Pets welcome reform entitles tenants the right to have pets in the home. Tenants will still need to seek permission to have pets, but the landlord must have a ‘good reason’ to refuse. This reform comes into effect due to the limited choice a tenant faces when trying to secure a property with a pet. Pets are often abandoned due to the stress of trying to find a rental property, and this reform looks to reduce the need for this to happen.
Landlords or agents can refuse a pet if a law specifically prevents pets, such as strata bylaws, or if they can prove to the Commissioner for Consumer Protection a ‘good reason’ for the refusal.
A landlord can place ‘reasonable conditions’ on having a pet and the landlord can use the pet bond in addition to the regular bond to clean any mess or fix any damage a pet may have caused.
What if my landlord refuses me permission to have a pet?
Ask your landlord or agent to provide the reason they have refused their consent. If it contravenes a written law, local law or scheme by-law, then they are justified in their decision.
If they refuse consent on other grounds they will need to make an application to the Commissioner for Consumer Protection in order to refuse consent.
What are some reasons a landlord or agent can refuse permission to keep a pet?
The consumer protection site states several reasons, all need to be proven to the Commissioner for Consumer Protection in order to refuse consent. These may be
The property is not suitable for keeping a pet. Eg. The property is not fully fenced
Keeping the pet would exceed a reasonable number of pets being kept at the property.
Keeping a pet is likely to cause damage that could not be repaired for less than the amount of the security bond.
Keeping a pet would post a unacceptable risk to the health and safety of any person.
The pet is a ‘dangerous dog’ as defined in the Dog Act 1976 (WA)
My strata has a by-law that states no pets, can I still refuse?
Yes, this would contravene a written law and there is no need to apply to the Commissioner for Consumer Protection to refuse.
What if the pet causes damage to the property is causes a nuisance?
The tenant is held responsible for any damage or nuisance caused by a pet kept at the premises. They will need to rectify any issues.
What conditions can a landlord place on allowing a pet in the property?
The landlord can place reasonable conditions on their consent to allow a pet in the home. These may include a limit on the number of pets allowed, the cleaning, maintenance or fumigation of the home in relation to keeping the pet at the premises. They are also able to make other conditions that can be approved by the Commissioner for Consumer Protection.
Home Sweet Home
This reform has come about in order to help make rentals feel like a home by allowing small personalised modifications. These are known as Minor Modifications, which are typically non-structural works that do not affect the structure of the home. An increasing number of WA residents see rentals as their long-term home. These changes allow the tenant to feel like they can make the property their home, and will stay longer as a result.
Tenants still need to seek permission and if the modification is on the list prescribed in the Residential Tenancies Regulations, then landlords may only refuse should the modifications contravene a written law or scheme by-law.
Tenants will also required to ‘make good’ any modifications unless otherwise agreed. This can be done by restoring the property to the original condition, allowing for fair wear, or by paying an amount equal to the reasonable cost of restoring the property.
What conditions can a landlord place on allowing minor modifications on the property?
A landlord can place reasonable conditions like for certain types of modification, the work is done by a qualified person. They can also be approved for certain conditions by application to the Commissioner for Consumer Protection.
Can a landlord refuse permission to make minor modifications to the property?
Yes, but only depending on the type of modification and why the landlord wants to refuse.
Should a modification disturb material containing asbestos or a strata by-law or written law prohibit the modification, the landlord can refuse without needing to apply to the Commissioner for Consumer Protection.
Consent cannot unreasonably be withheld, and other refusals will need to be applied for to the Commissioner of Consumer Protection.
What Modification can tenants make for themselves?
Tenants are able to make many modifications themselves. These include:
- Affixing picture hooks to walls
- Screw into the walls for a wall mount shelf or bracket
- A wall anchoring devise for furniture or TV
- Replacing shower heads for a water efficient shower head or a hand held shower head
- LED light bulbs where there are no new fittings needed
- Install curtains or blinds and curtain or blind cord anchors
- Child locks and childproof security around the home like locks on drawers or safety gates
- Locks on letterboxes or gates (a copy of the key must be provided to landlord or agent)
- Wireless doorbells
- Vegetable or herb gardens
- Flyscreens on doors and windows
- Draughtproofing the home
What modifications can a landlord require a qualified tradesperson to make the modification?
At the landlords request, should the tenant request any of the below, the landlord may ask for a qualified tradesperson to make the changes.
- Changing the taps
- Installing phone or internet connections
- Painting a room
- Applying non-permanent window film
- Installing security lights, alarms or cameras. (alarm codes must be provided to landlord or agent)
Consumer Protection Commissioner Decisions
This reform means that no longer will disputes over a tenants rights to have a pet, make minor modifications to a property and bond release payment need to go to court. The Commissioner for Consumer protection will act as an independent authority and will hear from both sides before making a ruling.
Tenants, landlords and agents can make their case online, instead of needing to be present at court.
Will the decisions be made in favour of the tenants or the landlord?
The Commissioner of Consumer Protection will make all efforts to remain transparent and make decisions based on evidence provided by the tenant and the landlord. A written statement with the decision will be provided to both parties with reasons for the decision.
Should you not be happy with the decision, you can appeal to the Magistrates Court.
How to I apply to the Commissioner for Consumer Protection?
For more information head to the Consumer Protection website or call the Consumer Protection Contact Center on 1300 30 40 54 or email consumer@dmirs.wa.gov.au