9 June 2023

Update on the review of residential tenancy laws in Western Australia

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

Although the review is ongoing, changes will occur in stages.

The Government has endorsed proceeding with the following proposed changes that will be of interest to you as a property manager/real estate agent

• Tenants will be allowed to keep pets unless there are reasonable grounds for the landlord 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;
• Landlords and 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
• Landlords and agents will not be allowed to encourage rent bidding.

The Government has decided not to proceed with the proposal to remove ‘without grounds termination’ at the moment 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 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, real estate agents, property managers, the Real Estate Institute of Western Australia and tenant stakeholder groups.

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.