Lessons For Landlords: WA’s New Pet and Modification RTA Requests
It’s been 8 months since the WA government handed tenants greater freedoms to keep pets and make minor modifications to their rental properties. So how are these new rental regulations being implemented and what are the key lessons for landlords?
The changes are part of the WA Government’s new Residential Tenancies Act (RTA), which was unveiled in early 2024 and slated as the biggest rental reforms in the state in more than 3 decades.
Phase 1 of the RTA was implemented in May, which included prohibiting the practice of rent bidding, effectively meaning landlords and property managers can’t pressure or encourage tenants to offer more than the advertised rent.
Phase 2 was implemented in July and included changes to 3 main areas, including the frequency of rent increases, the types of modifications tenants can make to a rental and greater power for tenants to keep pets.
Reviewing tenant RTA applications for pet requests
Under Phase 2 of the RTA, tenants have more freedom to keep pets as well as make minor modifications to help make their rental feel like a home.
As part of the process, tenants are still required to first seek permission from their property manager or property owner who can grant approval.
However, in instances when a submission is denied or not responded to within 14 days tenants can seek an independent review by the Commissioner for Consumer Protection or proceed with obtaining the pet.
Since being implemented, the commissioner has received 16 applications from tenants whose applications to keep pets have been denied by their landlords.
12 of these applications were requests to keep dogs, 2 applications for cats, 1 for guinea pigs, and 1 for a fish aquarium.
The reasons why the property owners rejected the applications vary, but include:
- Not having a big enough back yard or insufficient space.
- Having an unsuitable property for a pet with no grass area.
- The risk of being a nuisance to neighbours.
- Risks to health and safety (the landlord claimed they suffer from asthma).
- Exceeding a reasonable number of pets at a property.
- The tenants initially agreed to lease the property on the condition that pets weren’t allowed.
- Risk of property damage exceeding the bond.
When can an RTA pet application be rejected?
Of all 16 applications reviewed by the commissioner, 15 were approved and just 1 denied.
In the situation where the application to keep a pet was denied, the commissioner noted that the strata by-laws of the property prohibited pets.
Rent Choice General Manager Clare Christiansen said there were very rare instances where a pet can be refused by the property owner.
“In most cases, tenants can keep a pet at a rental home, but must ask for permission first,” Clare said.
“Rejecting a tenant application due to risks of noise, damage, health risks or unsuitable premises are considered by the commissioner as unreasonable.”
“Judging from the commissioner’s determinations to date, the only circumstances when a pet request can be rejected is if pets aren’t allowed as part of strata by-laws or against local council laws.”
What about RTA applications for minor modifications?
In terms of requests for minor modifications under the RTA, the commissioner has received just one application since being implemented in July last year.
In this situation, the tenant’s request to install 8 picture hooks was approved by the property owner, but only on the condition that the tenant repaint the entire wall at the end of the tenancy.
The commissioner rejected this condition, and noted that the tenant was already required to comply with their usual obligations - either restore the wall to the original condition or compensate the landlord for reasonable costs in doing so.
How to navigate the new RTA system and pet and modification requests
Rent Choice property managers have completed thorough training on the new rental regulations to ensure we provide the best support.
If you have any questions or need further assistance, please get in touch with your property manager directly.
Please note: phase 3 of the RTA, which includes changes to the bonds disposal process, is expected to come into effect in mid 2025. We will continue to keep you updated on its implementation.
