8 June 2023

Update on the review of residential tenancy laws in Western Australia

Consumer Protection has reviewed the Residential Tenancies Act 1987 (WA) to identify changes that adapt to the tenancy market.

Changes recommended by this review will occur in stages.

The Government has endorsed proceeding with the following proposed changes that are relevant to you as a landlord:

• Tenants will be allowed to keep pets unless reasonable grounds exist for you to refuse;
• Rent reviews (i.e. increases) will be limited to once every 12 months;
• Tenants will be able to make minor modifications with landlord consent;
• You and your tenants will be able to separately apply for release of the bond;
• Most bond and pet disputes will be referrable to the Commissioner for Consumer Protection instead of the Magistrates Court; and
• You and your agent will not be allowed to encourage rent bidding.

The Government has decided not to proceed with the removal of the ‘without grounds termination’ recommendation at present because of current market conditions.

Decision Regulatory Impact Statement (‘D-RIS 1’)

The proposed changes are in a report titled “Decision Regulatory Impact Statement – A review of the Residential Tenancies Act 1987 (WA)” (D-RIS 1) which is available on our website.

Please note: The D-RIS 1 does not change the current tenancy laws; it only details recommendations for law changes. Legislation must first be drafted and then approved by Parliament. Changes will occur over time, and may not occur all at once.

What happens next?

We will continue to consult with stakeholders, including landlords, the Real Estate Institute of Western Australia, Circle Green Community Legal and Shelter WA about the Government’s decisions.

We will keep you updated.

More information

To keep up to date on the Residential Tenancies Act review you can visit our website.

If you have any questions about the review, please email us at: consultations@dmirs.wa.gov.au.