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In a challenging rental market (vacancy rates are 0.6%), an increasing number of WA tenants see their rental property as their long-term home. The next phase of Cook Government amendments to the Residential Tenancies Act 1987 (WA) is geared toward strengthening rights and providing more stability and certainty to tenants.
Increasing rent
As of 29 July 2024, rent increases will only be allowed once every 12 months. What does this mean?
Periodic agreements – a minimum 12-month period between rent increases will apply from 29 July 2024, regardless of when the agreement was signed.
Fixed term agreements – signed on or after 29 July 2024, a minimum 12-month period between rent increases will apply from 29 July 2024.
Fixed term agreements – signed before 29 July 2024, a minimum 12-month period between rent increases will apply once the current fixed term ends.
To increase rent, the prescribed Notice to Tenant of Rent Increase (Form 10) must first be issued to tenants giving at least 60 days’ notice of the rent increase along with details of the amount of increase and the day it will take effect.
NOTE: there is still no cap on how big increases can be, however, a tenant can apply to the Magistrates Court to argue against a proposed increase.
Keeping pets
Tenants can keep a pet, with permission from the landlord. Tenants will need to fill in the prescribed Pet Request Form (Form 25). To refuse consent:
Without application – landlords will be permitted to refuse consent without applying to the Commissioner for Consumer Protection where keeping the pet would contravene a written law, local law or scheme by-law.
With application – landlords may make an application to the Commissioner for Consumer Protection to refuse consent if:
The premises are unsuitable for keeping the pet.
There is an unreasonable number of pets being kept at the premises.
Keeping the pet is likely to cause the landlord undue hardship.
The pet is a “dangerous dog” as defined in the Dog Act 1976 (WA).
The pet is likely to cause damage to the premises that could not be repaired for less than the amount of the security bond.
A landlord can impose reasonable conditions when agreeing to allow a tenant to keep a pet at the premises:
Without application – Landlords can set the following conditions without Commissioner approval:
Limiting the number of animals at the premises (eg: no more than two pets).
Cleaning, maintenance and fumigation at the end of tenancy.
With application – If the landlord wants to add any other conditions, they must be approved by the Commissioner, such as:
A pet must stay outside.
A bird must be kept in a cage.
NOTE: a pet bond must not exceed $260, no matter how many pets a tenant has. Presently, the pet bond can only be used for pest control (fumigation). In 2025 this will expand to cover damage caused by pets. The security bond can also be used to cover cost of cleaning and damage caused by a pet.
Minor modifications
A tenant will be able to make minor modifications to a premises, with the landlord’s permission using the Minor Modification (Form 26). Consent may be refused where:
The modification will disturb asbestos.
A law or strata rule prevents the modification.
The home is heritage listed.
In seeking to refuse consent on other grounds, a landlord will need to make an application to the Commissioner for Consumer. This may be in circumstances where the modification may:
Result in additional maintenance costs to the landlord.
Would make the premises unsafe.
The action required to reverse the modification is not reasonably practical.
Landlords may also impose “reasonable conditions” on making certain categories of modifications (eg: work must be undertaken by a qualified person).
NOTE: the tenant will be required to “make good” the modification at the end of a tenancy by either restoring the premises to the same condition immediately before the changes were made (allowing for fair wear) or pay an amount equal to the reasonable cost of restoring the premises.
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