You may have heard via media outlets recently that the WA Government passed changes to WA Rental laws in phases from 16 May 2024. These reforms give tenants the freedom to make their house feel like a home and provide a fair balance between the rights of tenants and landlords.
Phase One roll out includes Rent Bidding and Retaliatory action here is Phase One explained a little further…
Rent bidding ban, what does this mean?
- A tenant cannot be pressured into paying more money to help them secure an available rental property
- Landlords or agents must advertise properties at a set amount for example $425 per week and not offers between $400 and $500 per week or from $500 per week
- Potential tenants can still offer higher than advertised amount it just can’t be encouraged by a landlord or agent
- There will be mystery shoppers to ensure landlords and agencies are adhering to the new legislation and a $10,000 fine for those not adhering
What is retaliatory action?
- If a tenant believes their landlord or agent is taking action against them for exercising their rental rights (known as Retaliatory action) they can challenge that action in the Magistrates Court
What is considered a retaliatory action?
- A tenant thinks their rent was deliberately increased or their lease agreement is not renewed because they asked for some basic maintenance
- Issuing a tenant with a breach notice (other than for nonpayment)
- Note that only the Magistrates Court can decide if the action by the landlord or agent is retaliatory and what conditions could be met to remedy
Stage Two is likely to commence July 2024
To read the full blog on the reform updates click here for more information
Download Owners fact sheets:
REIWA fact sheet for owners
DMIRS fact sheet for owners
