We often receive queries about the rental reforms that came into effect across Western Australia in July 2024. To help answer some of the frequently asked questions, we’ve put together a summary of the key changes that every property owner, tenant and investor should be aware of.
These updates to the Residential Tenancies Act affect everything from how often rent can be increased, to rules around pets and what tenants are allowed to change in a rental property.
Whether you’re a property owner navigating new responsibilities or a tenant wanting to better understand your rights, here’s what you need to know.
Rent increases limited to once every 12 months
Rental affordability continues to be a hot topic across WA. In response, the updated legislation has introduced a clear rule: rent can now only be increased once every 12 months.
This applies to both periodic leases and new fixed-term lease agreements signed on or after 29 July 2024. If a lease is renewed or extended, the 12-month rule continues to apply.
- What this means for property owners: It’s important to plan ahead when reviewing rents, as increases can no longer be scheduled more frequently. Rent reviews should be based on market trends and factored into the lease term.
- What this means for tenants: Tenants now have greater certainty around how often their rent can go up. This can help with budgeting and planning long-term tenancy arrangements.
Tenants can apply to keep a pet
Under the new laws, tenants can now formally request to keep a pet by completing the Form 25: Pet Request Form. This request must be submitted to the owner or managing agent and include as much detail as possible about the animal.
The owner has 14 days to respond. They can:
- Approve the request
- Approve with conditions (some require the Commissioner’s approval)
- Refuse the request (some reasons for refusal also require Commissioner approval)
If no response is received within 14 days, the request is automatically approved.
- What this means for property owners: Pet requests need to be handled promptly. Make sure you understand what constitutes a valid refusal or condition to avoid automatic approval.
- Reasonable grounds for refusal may include properties that are not suitable for animals, or where keeping a pet would breach strata by-laws or other laws.
- Reasonable conditions can also be applied, such as keeping the pet outdoors, limiting the number of animals, or requiring professional cleaning.
- What this means for tenants: There’s now a clearer process in place for requesting a pet. If your application is reasonable and your property is pet-friendly, you’re more likely to get the green light.
A note on pet bonds:
In Western Australia, the maximum amount a pet bond can be is $260, regardless of how many pets a tenant has. This bond can only be used for pest control, such as fumigation. However, the general security bond may be used to cover cleaning costs or damage caused by a pet. All pet bonds must be lodged with the Bond Administrator. Tenants with assistance dogs cannot be charged a pet bond.
Tenant modifications to rental properties
Tenants are allowed to make minor modifications to a rental property but must first get written approval using Form 26: Minor Modification Request Form.
The tenant must:
- Complete their section of the Form 26
- Give the form to the owner or property manager
- Keep a copy for their records.
Owners then have 14 days to make a decision and respond. They can:
- Approve the request
- Approve it with conditions
- Refuse the request, but only for specific reasons. In some cases, the refusal must be approved by the Commissioner.
If the owner does not respond within 14 days, the request is automatically approved.
Minor modifications tenants can do themselves include:
- Installing picture hooks
- Putting up shelves or brackets
- Anchoring furniture to walls
- Installing water-efficient shower heads or hand-held shower heads
- Replacing standard bulbs with LED lights
- Installing curtain rods or blinds
- Securing curtain or blind cords
- Adding adhesive child safety locks
- Using pressure-mounted safety gates
- Installing child safety devices on windows
- Fitting locks to gates or letterboxes (a set of keys may be requested by the owner)
- Installing a wireless doorbell
- Creating a vegetable or herb garden
- Adding flyscreens to doors and windows
- Draughtproofing measures
Modifications requiring a qualified tradesperson:
- Changing taps to lever-style
- Installing or upgrading phone or internet connections
- Painting interior walls
- Applying non-permanent window film
- Installing security lights, alarms or cameras (the owner may request access codes for alarms)
Owners may also request a copy of the invoice for any work completed.
- What this means for property owners: You still have a say in what changes are made, especially where safety, structural changes or professional installation is concerned. But for simple, non-damaging modifications, the law now limits when you can refuse.
- What this means for tenants: Tenants can make a rental property feel more like home, provided they follow the process and restore the property at the end of the lease unless otherwise agreed.
Restoring the property
At the end of the tenancy, tenants must return the property to its original condition unless the owner agrees to keep the changes in place. If a refusal is challenged, the Commissioner can review the decision and either party may appeal to the Magistrates Court within seven days.
Key points for property owners
- You, or your property manager, have 14 days to respond to tenant requests for pets or property modifications.
- If you, or your property manager, do not respond within that time, the request is automatically considered approved.
- Some refusals and conditions require approval from the Commissioner for Consumer Protection.
- Disagreements can be escalated, and tenants can appeal decisions they believe are unreasonable.
Talk to our Momentum team
These tenancy reforms aim to strike a balance between protecting tenants’ rights and maintaining property owners’ control over their properties.
If you would like advice on how these changes affect your investment property or support in responding to tenant requests, reach out to our property management team today. We’re here to help you stay compliant and confident under the new rules.