Consumer Protection has been making major changes to rental home laws in WA. These changes have updated the laws to be more relevant to modern renting.
Many of the changes have already been implemented with a number of amendments to the regulations along with changes to the release of bonds in residential tenancies and residential parks.
New bond release process coming soon
The new streamlined bond release process will be simpler and will help reduce the number of disputes going to court.
Key changes to the bond release include:
- Any tenant, landlord or agent can apply for the release of the bond
- Landlords must explain their claims under specific categories if they want to make a claim against the bond
- Bonds Administration will notify everyone else on the bond about the application and give them a chance to agree to or dispute the application
- The bond will be paid out as requested in the application if everyone agrees
- Residential tenancy bond release applications will be referred for a Commissioner Determination if they are disputed or no response is received (within the specified timeframe)
- The Commissioner will decide on how the bond will be paid out. Both sides will have had a chance to provide information and evidence
- Appeals can be made if you are not happy with the Commissioner’s decision. You have seven days to appeal to the Magistrates Court.
Landlords can still claim for property damage or unpaid rent under the new claim categories.
Pet bonds for residential tenancies
The maximum amount for a pet bond will go up to $350.
- Landlords must lodge the pet bond with the Bond Administrator
- The pet bond can be used for damage caused by the pet, rather than only for fumigation
- If the tenant gets a pet after the tenancy begins, the landlord can request the tenant pay a pet bond when the:
- request for a pet is approved
- next rent increase is due (12-monthly).
Timeframes for pet or minor modification requests
Landlords have 14 days to respond to the tenant and, if needed, apply to the Commissioner to :
- refuse a tenant’s request
- impose conditions on the tenant’s request.
The tenant’s request is automatically approved without conditions if the landlord does not respond to the request and, if needed, apply to the Commissioner within the 14 day timeframe.
New reason for refusal of a pet
Requests for a pet can now be refused if the landlord can demonstrate that allowing the pet will cause undue hardship to another tenant.
- Example 1: A co-tenant has a severe fear of snakes
- Example 2: A co-tenant is a shift worker and would be adversely impacted by a loud parrot.
Unclaimed bond for deceased estates
New provisions to assist the release of the bond where a tenant has died and there is no will or Authority to Act.
- After six months of the tenancy ending, the bond will become unclaimed.
- Unclaimed bonds which are not in dispute can be released by:
- Next of kin
- Person who paid the funeral expenses e.g. person or next of kin. Tenants in these circumstances should contact Bonds Administration for more information on what they will need to provide to release a bond.
Forms
New and updated forms will be available when the law is in effect. Current forms available are:
- pet request form for tenants and landlords
- minor modification request form for tenants and landlords
Amendments already in effect
The following changes have already been implemented
- Rent bidding ban - tenants can't be pressured into paying more then the advertised rent.
- Retaliatory action - a landlord or agent can be challenged in court for taking action against a tenant for exercising their rental rights.
- Rent increase - rent increases are only allowed once every 12 months.
- Pets- tenants are allowed pets but must seek permission first.
- Changes to a rental home - small, personalised changes (known as minor modifications) are allowed in most cases. Tenants must seek permission first.
- Commissioner determinations - disputes over tenants’ rights to have a pet, and make minor changes to a property will no longer have to go to court. The Commissioner can make a decision based on evidence from both sides.
Need help?
Contact the Consumer Protection Contact Centre on 1300 30 40 54 or email
Subscribe to Consumer Protection's tenant or industry bulletins for regular updates.
Want to know more?
- Residential Tenancies Amendment Act 2024 passed by the Western Australian Parliament on 16 April 2024.
- Planning for Stage Two of the WA Rent Reforms is now in progress. Updated information will be available on the Residential Tenancies Act review page.
- Watch the video for everyone renting in WA