WA's Residential Tenancies Amendment Act 2024 Explained: What Tenants and Landlords Need to Know

The Residential Tenancies Amendment Act 2024, recently passed by the Western Australian Government, introduces significant reforms to the state's rental market. These changes aim to balance the interests of tenants and landlords by providing more protection for tenants while ensuring landlords can manage their properties effectively. Let’s take a closer look at these reforms, which include a ban on rent bidding, retaliation action provisions, a limit on rent increases, new allowances for pets, minor modifications, and changes to the bond release process.

Rent Bidding Ban (Likely to Start May 2024)
The ban on rent bidding aims to prevent potential tenants from being pressured into paying more than the advertised rental amount. Landlords and agents must list properties at a set amount and cannot encourage tenants to offer more money than the listed rate. This measure aims to maintain fairness and transparency in the rental market, ensuring all tenants have equal access to properties based on their ability to pay the advertised rent.

Retaliatory Action (Likely to Start May 2024)
This provision allows tenants to challenge any actions they believe are retaliatory in the Magistrate's Court. Retaliatory actions could include rent increases, non-renewal of lease agreements, or evictions in response to tenants asserting their rights, such as requesting maintenance or making complaints. Tenants can seek relief from the court to address such situations and protect their rights.

12-Month Rent Rises (Likely to Start July 2024)
Rent increases will be limited to once every 12 months, providing stability and predictability for tenants. This reform applies immediately to periodic rental agreements and takes effect after the current term ends for fixed-term agreements. The change aims to prevent landlords from increasing rent frequently, which can strain tenants' finances and housing stability.

Pets Welcome (Likely to Start July 2024)
The new rules allow tenants to keep pets in most cases, provided they seek permission using an approved form. Landlords or agents can only refuse permission for specific reasons, such as local council by-laws or other valid reasons approved by the Consumer Protection Commissioner. Landlords can also impose reasonable conditions on pet ownership, such as maintaining cleanliness or a pet bond for damages. This change provides greater flexibility for tenants while allowing landlords to set reasonable rules.

Home Sweet Home (Likely to Start July 2024)
Tenants will be permitted to make minor modifications to their rental properties, such as hanging pictures or installing water-saving devices, with the landlord's permission. The list of allowed modifications may be expanded, but landlords can still refuse permission for valid reasons such as council by-laws or heritage listing. Tenants must restore the property to its original state at the end of the tenancy, unless otherwise agreed with the landlord.

Consumer Protection Commissioner Decisions (Likely to Begin July 2024)
Disputes over tenants' rights regarding pets, minor modifications, and bond release payments will be handled by the Consumer Protection Commissioner instead of going to court. This streamlined process allows both parties to present their case online and receive an independent ruling from the Commissioner. This change aims to expedite dispute resolution and reduce the burden on the court system.

Bond Release (Likely to Start January–July 2025)
The bond release process will be streamlined to avoid disputes going to court. Parties can request the release of the bond, and the Bond Administrator will notify the other parties of the application. If an agreement is reached, the bond will be released. If not, the Consumer Protection Commissioner will make a decision based on submissions from both sides.

The Residential Tenancies Amendment Act 2024 represents a comprehensive overhaul of Western Australia's rental market. These reforms aim to increase tenant protections, promote stability, and reduce disputes by introducing clear rules and processes. As these changes take effect, it is important for both landlords and tenants to stay informed and seek advice from the Consumer Protection Contact Centre for any questions or concerns.

Paulette Contessi

Director / Licensee

CONTESSI PROPERTIES