Rent reforms begin with ban on bidding wars

• Rent bidding banned in Western Australia as first stage tenancy reforms kick in
• Undercover officers to check landlords and agents are doing the right thing
• Stronger rights for tenants to fight back against retaliatory action by landlords

The Cook Government has delivered on the first stage of its commitment to modernise Western Australia's tenancy laws, with landlords now prohibited from soliciting rent bidding and tenants empowered to challenge retaliatory action by landlords.

Starting today, the ban on soliciting rent bidding means landlords and agents can no longer ask or invite tenants to pay more money to secure an available rental property. Properties must also be advertised at a set amount and cannot include a price range, or 'rent from' figure. Failure to comply with these laws may attract penalties of up to $10,000 or $50,000 for a corporation.

To ensure landlords and property managers are meeting their obligations, Consumer Protection will send undercover compliance officers posing as would-be tenants along to property inspections to discuss higher rent offers, which can only be accepted if they are offered freely.

Another tenancy reform now in effect will give tenants confidence to enforce their rights, such as asking for property repairs and maintenance or making a complaint. If a tenant believes the landlord has taken retaliatory action - such as a rent increase, breach notice or lease termination - the tenant can challenge this in the Magistrates Court.

A second stage of tenancy reforms is expected to take effect in July 2024. These include reducing the frequency of rent increases to minimum 12-month intervals, allowing tenants to keep pets or make minor modifications in most circumstances and introducing Commissioner dispute resolution processes. A streamlined bond release process is expected to be introduced in early 2025.

Further information about the WA rent reforms is available on Consumer Protection's website.

Comments attributed to Commerce Minister Sue Ellery:

"Today's ban on rent bidding and stronger rights for tenants to combat retaliatory action mark the first step in a fairer renting future for tenants and landlords right across our State.

"Sending undercover officers to rental property inspections is one way Consumer Protection will ensure that changes to rent bidding will be adhered to.

"The new laws about retaliatory action empower renters to challenge unfair treatment by landlords. Tenants can now seek relief in the Magistrates Court if they believe their landlord retaliated for exercising their rights, such as requesting repairs or filing complaints."

Comments attributed to Housing Minister John Carey:

"Ensuring Western Australians have affordable housing is a priority for our Government.

"With the ban on rent bidding coming into effect today, would-be-tenants will have greater protections under our recent changes to the Residential Tenancies Act 1987.

"These changes follow on from the significant $3.2 billion investment by the Cook Government in housing and homelessness services, supporting our most vulnerable Western Australians."