Residential Tenancies Act Bill Introduced to Parliament

In late 2022, the State Government put a review of the Residential Tenancies Act out for consultation. The State Government has now submitted the Residential Tenancies Act Bill to Parliament, and these changes are expected to be introduced in early 2024.

What the bill covers

• Limiting the frequency of rent increases to once every 12 months.
• Allowing minor modifications in most cases, with the ability for Lessors to impose conditions, refuse in certain circumstances, or refuse or require conditions with the approval of the Commissioner for Consumer Protection.
• Allowing pets in most circumstances, with the ability for Lessors to impose conditions, refuse in certain circumstances, or refuse or require conditions with the approval of the Commissioner for Consumer Protection.
• Explicitly stating that a Tenant may seek a remedy if a Lessor takes retaliatory action in response to a Tenant exercising their rights.
• Streamlining the bond disposal process.
• Creating a new dispute resolution process which would empower the Commissioner to determine certain types of disputes, including disputes relating to bonds.
• Prohibiting the solicitation of rent bidding.

Note: These amendments have not passed Parliament and the current legislation remains in force. You can read more Facts of the Act here.

Thankfully, there is strong property management representation on the REIWA Council. These members of the REIWA Council are advocating for a sensible approach, and one that is fair for both Lessors and Tenants. So far, they have retained the ability to end a tenancy by giving 60 days’ notice without grounds, which is a huge win and a credit to the work REIWA has been doing to lobby the Government.

The last major review brought in mandatory property condition reports (PCRs), set rent increases, time limits to send PCRs and final bonds, mandatory tenancy agreements, plus other changes. While there were qualms with these changes when they were first introduced, they have since been adapted and are now normal practice under the current Residential Tenancies Act.

We have ample time to start looking at our procedures on how to implement these changes accordingly as they are introduced. There is still work to be done, but knowing who we have representing Property Managers across Western Australia on the REIWA Council, we are confident in achieving a favourable outcome for all.

For further information on the changes, please see to the below links.

https://www.commerce.wa.gov.au/consumer-protection/residential-tenancies-act-review

https://members.reiwa.com.au/s/cms-reiwanewsexpanded/breaking-news-rta-reforms-introduced-to-parliament-MCJZTNOGXGEJBBJPMGVLS4TCWI4M