Landlords and their agents will be able to accept offers of more than the rental amount when the offer is freely given by tenants. However, they cannot encourage or pressure a tenant to offer more than the rental amount. This includes phrases like:

• “someone else has made an offer, would you like to match it?”;
• “there are lots of people interested in this property, you can secure it if you offer more rent”; and
• “you have not been working full time for very long, you might want to strengthen your application by offering more rent.”

If a tenant proposes offering a higher rent, the lessor or their agent must respond along the lines: “That is a matter for you and not something I want to comment on. You need to make your own decision about the value of the property and the rent you wish to pay”.

Retaliatory action is action taken by the landlord or agent as payback or because the tenant sought to enforce their rental rights. Action by a landlord or agent that might be considered retaliatory includes:

• Issuing the tenant with a breach notice (other than for non payment of rent)
• A rent increase
• Commencing termination action
• Non-renewal of the tenancy agreement

Only the Magistrates Court can decide if the action by the landlord or agent is retaliatory.

The court can make an order it considers appropriate in the circumstances. This could include an order setting aside the landlord’s action or for compensation.  

The minimum 12 month period before rent can be increased allows tenants time to assess the affordability of premises and plan their budget.

The new law will make WA consistent with other states and territories such as the ACT, South Australia, Tasmania, Queensland, New South Wales and Victoria which require a minimum of 12 months between rent increases.

No. Where there are “rolling” fixed term leases between the same parties for the same premises, this will be treated as a continuous agreement for the purpose of calculating the timeframe and rent can only be increased once every 12 months.

Yes.  Any rent increases agreed up front and written into a fixed term agreement will continue to apply until the end of the current term of the tenancy.  If the agreement is renewed or extend after the end of the current term, the new provisions will apply and the next rent increase must be at least 12 months from the most recent rent increase.

Yes, on reasonable grounds. You can refuse consent for your tenant to keep a pet without making an application to the Commissioner for Consumer Protection where keeping the pet would contravene a written law, local law or scheme by-law. 

You may make an application to the Commissioner for Consumer Protection to refuse consent for your tenant to keep a pet in a range of circumstances, such as where the premises are unsuitable for keeping a pet or where keeping the pet is likely to cause the lessor undue hardship.

You can place reasonable conditions on your consent for the tenant to keep pets. “Reasonable conditions” include:

• Conditions about the number of animals that may be kept at the premises.
• Conditions about the cleaning, maintenance or fumigation of the premises in relation to the keeping of the pet.
• Conditions that you have had approved by an application to the Commissioner for Consumer Protection.
• Conditions will be prescribed in the Residential Tenancies Regulations when the regulations are made.

Yes. The tenant is responsible for repairing any damage caused by the pet.

The tenant will be responsible for any nuisance caused by a pet kept at the premises.

Tenants who currently have pets or wish to have a pet often face limited choice in the number of rental premises available, or they face uncertainty if they move to another rental property. Tenants can be faced with the significant emotional stress of having to abandon a much-loved pet to secure housing.

Under the new laws, landlords will be permitted to refuse consent to have a pet where it is reasonable to do so.

The landlord may also place reasonable conditions on the keeping of a pet, such as that it must be kept outside.

The types of minor modifications that the new laws will apply to have not yet been decided. However, it is likely that the list of minor modifications may include things like picture hooks, LED light bulbs that do not need new fittings, curtains, blind cord anchors, adhesive child safety locks, vegetable or herb garden, flyscreens on doors and windows. 

A landlord will be able to impose reasonable conditions on making modifications.

The types of minor modifications will be decided through consultation in the coming months.

It depends on the type of modification that the tenant is asking to make and why you want to refuse.

If the modification is on the list that will be prescribed in the Residential Tenancies Regulations, you will only be able to refuse consent in limited circumstances. The types of modifications on this list have not been decided yet but will probably include things like picture hooks, LED light bulbs that do not need new fittings, curtains, blind cord anchors, adhesive child safety locks, vegetable or herb garden, flyscreens on doors and windows.

You will be able to refuse the request without making an application to the Commissioner for Consumer Protection in a few situations, such as where the modification would disturb material containing asbestos or a written law or scheme by-laws prohibit making the modification.

You will be able to make an application to the Commissioner for Consumer Protection to refuse in other circumstances such as where the modification would result in additional maintenance costs, would make the premises unsafe or the action required to reverse the modification is not reasonably practical.

You may also impose reasonable conditions on making the modifications. For some modifications this includes that the work must be undertaken by a qualified person.

For other more significant modifications, landlords will be able to refuse consent, but consent cannot unreasonably be withheld.

You can place reasonable conditions on your consent for the tenant to make minor modifications. “Reasonable conditions” include:

• Conditions that you have had approved by an application to the Commissioner for Consumer Protection.  This may include conditions that are specific to your premises, such as the placement and direction of security cameras on the exterior of the premises.
• For certain types of modification, that the work must be done by a qualified person.

Further details will be decided through consultation in the coming months.

Yes. Unless otherwise agreed, the tenant will be required to either:

• restore the property to the condition it was in immediately before the changes were made (allowing for fair wear); or 
• pay an amount equal to the reasonable cost of restoring the property.

The rental sector is growing and more Western Australians are renting for longer and through different life stages.

An increasing number of WA tenants see their rental property as their long-term home. Allowing tenants to make small modifications to the rental premises helps them feel at home and allows them to stay for longer.

The types of modifications that tenants will be allowed to make will be minor, probably things like hanging picture hooks, installing a vegetable or herb garden or installing flyscreens. Landlords will be able to refuse consent for modifications in reasonable circumstances, such as where the modification would contravene strata rules.

Landlords will still be able to refuse consent for major modifications, such as those that affect the structural integrity of the premises.

Decisions of the Commissioner for Consumer Protection will be transparent and based on evidence provided by the tenant and landlord. A written decision of the Commissioner for Consumer Protection will be provided to the landlord and tenants so they can read the reasons why the bond was disposed in a particular way.

If parties are not satisfied with a decision of the Commissioner for Consumer Protection, they can appeal it to the Magistrates Court. The Magistrates Court will then make an order.

The rules about when the landlord is entitled to the bond money will not change. If the tenant damages the property, or there is unpaid rent, the landlord may recover the debt from the bond.