It’s been one year since major rental reforms moved into Western Australia.
With them they brought stronger protections for renters and more clarity for landlords.
These reforms recognised the fact renting is a more permanent living solution for many Western Australians, and they deserve stability, fairness and the ability to make their rental feel like a home.
Since July 2024, four major changes have reshaped the renting experience.
Tenants are allowed to keep pets and make minor modifications to the home in most cases, rent increases are limited to once a year and a process called ‘Commissioner’s Determination’ means the Commissioner for Consumer Protection can decide disputes over a request to have pet or make small changes at a rental home.
If you’re living in a rental home and considering getting a family pet or thinking about hanging some artwork in your loungeroom you may have forgotten about the changes to the law.
A landlord is only allowed to refuse a pet or a small change to the home for very specific reasons. For example, a request to have a dog could be refused if it would break a strata by-law to keep one.
A minor change to a property that would disturb asbestos can also be refused.
If they want to refuse your request for a pet or minor modification, the landlord may have to apply to the Commissioner for Consumer Protection to make a decision. This simple online process allows both you and the landlord to submit your views without the stress and formality of going to court.
If you’re concerned this process will mean the Commissioner will likely decide in favour of the landlord, remember that you are allowed to keep pets and make small changes to the home unless the landlord can prove, with evidence, that one of the grounds for refusal listed in the legislation applies. That’s right, the law backs you up. In fact, less than five per cent of applications were decided in favour of the landlord.
You should feel confident in being honest with your landlord about keeping a pet or making a change to the home. No more hiding the pets during rent inspections or moving a bookshelf in front of a picture hook.
From time to time some of the Commissioner’s decisions are published on the Consumer Protection website (https://www.consumerprotection.wa.gov.au/commissioners-decisions).
These provide both tenants and landlords with valuable information and insights into the decision-making process regarding applications for both pets and minor modifications.
The big changes in July 2024 followed on from a ban on rent bidding and giving tenants stronger rights to fight back against retaliatory action by landlords.
If you require more information on your rights as a tenant head to consumerprotection.wa.gov.au or call 1300 30 40 54.
