The most notable impact is that tenants now have greater rights to keep pets.
The new regulations under the Residential Tenancies Act (RTA) were touted as the most significant overhaul to WA's rental sector in three decades.
Upon unveiling the changes, the WA government announced these would be implemented in three stages and would include:
- Phase 1: Banning rent bidding - effectively prohibiting landlords and property managers from pressuring tenants to offer above the advertised rent - implemented in May last year.
- Phase 2: Capping rent increases to once every 12 months and granting tenants greater freedom to keep pets and make minor modifications to their rental properties - implemented in July last year.
- Phase 3. Changes to the bonds disposal process, expected to be implemented in the coming months.
One of the more contentious aspects of the new laws centred around Phase 2 and tenants' rights to keep pets.
While tenants are still required to seek permission from their landlord or property manager, the new regulations provide an independent review pathway. If a tenant's application is denied or not addressed within 14 days, they may appeal to the Commissioner for Consumer Protection.
When Phase 2 was implemented in July, it was initially unclear how the Commissioner would review these appeals from tenants. However, recently released outcomes of all the appeals revealed some stark findings.
New data shows pet regulations favour tenants
Since July, the Commissioner has received 16 applications from tenants whose pet requests were rejected by their landlord.
Notably, 12 applications involved dogs, two involved cats, one involved guinea pigs, and one involved a fish aquarium.
Landlords cited various reasons for denying applications, including:
- Insufficient backyard space
- Unsuitable property with no grass area
- Potential nuisance to neighbours
- Health and safety concerns (e.g., landlord has asthma)
- Exceeding a reasonable number of pets
- Pre-existing agreement prohibiting pets
- Risk of property damage exceeding the bond
After reviewing all 16 appeals, the Commissioner's decisions highlight a strong inclination towards tenant rights.
Of the 16 applications, 15 were approved, meaning the Commissioner overruled the landlord and allowed the tenants to keep pets within their rental property.
The only application that was rejected by the Commissioner related to a property where existing strata by-laws expressly prohibited pet ownership.
Judging from the appeals reviewed to date, in most cases, tenants can keep a pet at their rental property. Rejections based on concerns about noise, damage, health risks, or suitability of the property are generally not considered sufficient grounds.
Furthermore, the only grounds for a valid rejection are where pet ownership is explicitly prohibited under existing strata by-laws or local council regulations.
Key lessons for landlords
While it's still early days for WA's new rental regulations, the early data suggests that pet request denials are likely to be overturned by the Commissioner unless they breach strata by-laws or council rules.
As the RTA continues to roll out, landlords and property managers will need to adapt to the new landscape.
Ongoing monitoring and clarification from the Commissioner will be crucial to maintaining a fair and balanced rental market in Western Australia.
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