Tenancy Law Changes

Shelter WA has reacted positively to proposed amendments to the Residential Tenancies Act 1987 (RTA) but is concerned the changes don’t go far enough particularly in the protection of tenants through ‘no grounds’ evictions.

In partnership with the Make Renting Fair campaign, the peak body for social and affordable housing and ending homelessness has led a long campaign advocating for the removal of ‘no grounds’ evictions. Under this rule a tenant can be evicted without any reason at any point during a periodic tenancy provided there is 60 days’ notice or only 30 days’ if it’s a fixed-term tenancy.

Shelter WA will now work closely with both the sector and WA Government to ensure without grounds evictions are removed and replaced with a clearer set of grounds and better statutory processes that provide more certainty for landlords and renters. We will also look at ways we can support the community housing sector implement current and future reforms to minimise the impact to providers.

Shelter WA CEO Kath Snell says there were positive changes.

“There are changes in this announcement which will make a difference to tenants who are struggling to cope with the current rental crisis,” Ms Snell said.

“It is vital for both landlords and renters to have certainty.”

“The requirements for fixed advertised pricing, and the ban on agents soliciting bids, will provide some welcome certainty, particularly considering the spiralling cost of living.

“It is vital for both landlords and renters to have certainty around grounds for eviction and we want to work with Government to enact this important change in the next round of tenancy reforms.”

Proposed Reforms

The full list of changes to the RTA are here and include:

• Banning rent bidding, the practice of owners encouraging tenants to bid more than the advertised rent.
• Limiting rent increases to once a year.
• Allowing tenants to keep pets with owner approval.
• Streamlining the process of bond returns.
• Increasing funding for tenant advocacy and education services.

Pet Reforms

RSPCA WA welcomed the change to make it easier for tenants to keep pets.

“Not being able to secure pet-friendly housing is among the top-three reasons why people say they can no longer keep their pets,” RSPCA WA CEO Ben Cave said. “It’s truly heartbreaking, not just for owners and their animals, but for the staff here too who manage these traumatic separations.”

Last year Shelter WA along with RSPCA WA, Cat Haven and the Dogs’ Refuge Home wrote to then Premier Mark McGowan calling for reform to keep a pet.

Briefing Webinars

As part of a general update, Members of the Make Renting Fair Alliance will examine the announcement of the RTA reforms, achievements and next steps on Wednesday, 14 June between 1:00pm and 2:00pm.

There will also be:

• Q & A opportunity.
• Next steps – where to now? How can we use research reports, polling data, media round up, MP support?
• Call to action – how can you be involved?

Please RSVP by Friday, 9 June here.

Please note Shelter WA will run a separate webinar for community housing providers to discuss the reforms.

Next Steps

The RTA changes will be introduced later this year and come into effect in 2024. Consumer Protection will engage in consultations with key stakeholders to refine the implementation details of the proposed changes.