It’s been three months since Phase 2 of the Residential Tenancies Amendment Act 2024 took effect in Western Australia, introducing significant changes regarding pets and minor modifications in rental properties. This update provides valuable insights for investment property owners based on recent data from Consumer Protection.

Key Takeaways for Property Owners:

• Pet Requests: Most applications to the Commissioner for Consumer Protection relate to pet requests, primarily from owners seeking to refuse them. It’s crucial to remember that tenants generally have the right to keep pets. Simply stating a pet will cause damage is not sufficient grounds for refusal. Provide specific evidence to support your concerns.
• Minor Modifications: Ensure the requested modification falls under the list of approved minor modifications. If it doesn’t, it may be considered a major modification and requires a different process.
• Communication is Key: Open communication between tenants and owners, often facilitated by property managers, is crucial for reaching mutually agreeable outcomes.

Detailed Insights:

Pets

• The majority of applications to the Commissioner are from property owners seeking to refuse a tenant’s request to keep a pet.
• Most refusals are based on concerns about potential property damage or undue hardship.
• Important: To refuse a pet request, owners must provide specific evidence demonstrating the likelihood of damage or hardship. General claims are insufficient.

Example:

Claiming a pet will necessitate replacing the entire flooring is not enough. Owners must provide evidence of the current condition of the flooring, its age, and specific reasons why the pet would cause damage requiring full replacement.

Minor Modifications

• Most submissions regarding minor modifications involve requests that fall outside the scope of the approved list.
• Refer to the Regulations: Familiarize yourself with the official list of minor modifications to determine if a request qualifies.

The Commissioner’s Determinations Process

• Timely Response: Property owners have 14 days to notify the tenant of their intention to apply to the Commissioner and submit their application after receiving a request. Failure to meet this deadline results in automatic approval of the tenant’s request.
• Case-by-Case Assessment: Each submission is reviewed individually based on its specific merits.

Recommendations for Property Owners:

• Proactive Communication: Engage in open and constructive dialogue with tenants through your property manager to address concerns and explore potential solutions.
• Evidence-Based Approach: When refusing a pet request, provide concrete evidence to support your concerns about potential damage or hardship.
• Understand the Regulations: Familiarize yourself with the Residential Tenancies Amendment Act 2024 and the list of approved minor modifications.

By understanding the recent changes to tenancy laws and utilizing the insights provided by Consumer Protection, property owners can navigate pet and modification requests effectively and foster positive landlord-tenant relationships.