This article is from the Australian Property Journal archive
UNDERCOVER officers disguised as would-be tenants will be out checking on landlords and agents as rent bidding becomes illegal in Western Australia, with penalties of up to $50,000 for those breach of the new laws.
Rent bidding is now prohibited, meaning landlords and agents can not 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 the laws could attract penalties of up to $10,000 or $50,000 for a corporation.
Consumer Protection will send undercover compliance officers posing as tenants along to property inspections to discuss higher rent offers, which can only be accepted if they are offered freely.
Also in effect is tenants being able to challenge landlords’ alleged retaliatory action, such as a rent increase, breach notice or lease termination in response to a tenant asking for property repairs and maintenance or making a complaint.
“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,” said Commerce Minister, Sue Ellery.
A second stage of tenancy reforms is expected to take effect in July. 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.
