Residential Tenancies Amendment Regulations (No. 2) 2024 00-00-00 Xml

Western Australia

Residential Tenancies Amendment Regulations (No. 2) 2024

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulation 3A amended1

5.Regulation 5AA deleted2

6.Regulation 5ABA amended2

7.Regulation 7B deleted2

8.Regulation 7BA inserted2

7BA.Modified application of section 50W of Act2

9.Regulation 7I inserted4

7I.Minor modification (s. 3 of Act)4

10.Regulations 10AA and 10AB replaced6

10AB.Information to be given to tenant for section 27B of Act6

10ABA.Information prescribed by regulation 10AB must be given to tenant in approved form8

11.Regulation 12BA deleted8

12.Regulations 12BB to 12BF inserted8

12BB.Ground for approval to refuse consent for pet prescribed for section 50E(3)(f) of Act8

12BC.Prescribed modifications to prevent entry in circumstances of family violence for section 50M(2) of Act9

12BD.Types of modifications which may be subject to condition prescribed for section 50P(a) of Act9

12BE.Matters prescribed for section 50P(b) of Act10

12BF.Grounds for approval to refuse consent prescribed for section 50S(3)(g) of Act10

13.Part 4 inserted11

Part 4 — Transitional provisions

19.Transitional provision — Residential Tenancies Amendment Regulations (No. 2) 202411

14.Schedule 4 amended11

15.Schedule 4 Forms 1AA, 1AB, 1AC and 1AD deleted11

16.Schedule 4 Form 1 amended12

17.Schedule 4 Form 2 amended12

18.Schedule 4 Form 6 amended13

19.Schedule 4 Form 7 amended14

20.Schedule 5 amended14

Residential Tenancies Act 1987

Residential Tenancies Amendment Regulations (No. 2) 2024

Made by the deputy of the Governor in Executive Council.

1.Citation

These regulations are the Residential Tenancies Amendment Regulations (No. 2) 2024.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on 29 July 2024.

3.Regulations amended

These regulations amend the Residential Tenancies Regulations 1989.

4.Regulation 3A amended

(1)In regulation 3A insert in alphabetical order:

installing includes replacing but does not include altering.

(2)In regulation 3A in the definition of housing management agreement paragraph (b) delete “6D(1).” and insert:

6D(1);

5.Regulation 5AA deleted

Delete regulation 5AA.

6.Regulation 5ABA amended

In regulation 5ABA(b) delete “lessor does” and insert:

lessor, and property manager, if any, do

7.Regulation 7B deleted

Delete regulation 7B.

8.Regulation 7BA inserted

Before regulation 7C insert:

7BA.Modified application of section 50W of Act

Under section 6(a) of the Act it is provided that section 50W of the Act applies to a residential tenancy agreement of the following classes as if it were modified by inserting the following after section 50W(2):

(a)in relation to a residential tenancy agreement that includes a provision under section 50W(2)(a):

(2A)If a residential tenancy agreement includes a provision referred to in subsection (2)(a), it is also a term of the agreement that —

(a)the tenant may make a major modification not stated in the agreement that is reasonably required to enable a person with disability to access and use the premises with the lessor’s consent (which must not be refused in the circumstances described in section 50Z); and

(b)the making of a major modification of the kind referred to in paragraph (a) is subject to any reasonable conditions of the lessor’s approval for the tenant to make the major modification.

(b)in relation to a residential tenancy agreement that includes a provision under section 50W(2)(c):

(2B)If a residential tenancy agreement includes a provision referred to in subsection (2)(c) —

(a)the provision does not apply to a major modification that is reasonably required to enable a person with disability to access and use the premises; and

(b)it is also a term of the agreement that —

(i)the tenant may make a major modification of the kind referred to in paragraph (a) with the lessor’s consent (which must not be refused in the circumstances described in section 50Z); and

(ii)the making of a major modification of the kind referred to in paragraph (a) is subject to any reasonable conditions of the lessor’s approval for the tenant to make the major modification.

(c)in relation to any residential tenancy agreement to which section 50W(2) may apply:

(2C)If a residential tenancy agreement does not include a term referred to in subsection (2)(a), (b) or (c) agreed by the tenant and lessor, it is taken to include a term referred to in subsection (2)(b).

9.Regulation 7I inserted

At the beginning of Part 3 insert:

7I.Minor modification (s. 3 of Act)

(1)In this regulation —

draughtproofing includes installing weather seals, caulking or gap filling around windows, doors, skirting and floorboards;

water‑efficient shower head means a shower head with a water‑efficiency rating of 3 stars or greater as determined in accordance with AS/NZS 6400:2016 (Water efficient products — Rating and labelling) published by Standards Australia and Standards New Zealand.

(2)For the purposes of the definition of minor modification in section 3 of the Act, a minor modification is 1 or more of the following —

(a)installing any of the following —

(i)a picture hook;

(ii)a screw for a wall mount, shelf or bracket;

(iii)a wall‑anchoring device;

(iv)a water‑efficient shower head;

(v)a hand‑held shower head;

(vi)a lever‑style tap;

(vii)a security light, alarm system or security camera;

(viii)a wireless doorbell;

(ix)a window covering;

(x)an adhesive child‑safety lock on a drawer or door;

(xi)a pressure‑mounted safety gate;

(xii)a lock on a gate;

(xiii)a child‑safety device on a window;

(xiv)a lock on a letterbox;

(xv)draughtproofing;

(xvi)a telephone or internet connection;

(xvii)an LED light bulb which does not require a new light fitting;

(xviii)an anchor for a blind or cord;

(xix)non‑permanent window film;

(xx)a flyscreen on a door or window;

(xxi)a vegetable garden or herb garden;

(b)painting a room.

Example for this subsection:

For the purposes of paragraph (a)(ix) — a curtain or blind.

10.Regulations 10AA and 10AB replaced

Delete regulations 10AA and 10AB and insert:

10AB.Information to be given to tenant for section 27B of Act

(1)For the purposes of section 27B of the Act, the following information is prescribed in the case of a written residential tenancy agreement —

(a)information about processes or requirements under the Act in relation to the following —

(i)documents or other items that the lessor must give to the tenant at the start of the tenancy;

(ii)restrictions on amounts that the lessor may require the tenant to pay in relation to the tenancy;

(iii)the lessor’s obligations in relation to amounts that the lessor may require the tenant to pay in relation to the tenancy;

(iv)the property condition report;

(v)the obligation to pay rent;

(vi)the end of the tenancy;

(vii)how to give notice;

(b)information relating to safety on the premises, including matters arising under a written law or a law of the Commonwealth;

(c)information about clarifying the tenant’s and the lessor’s respective obligations in relation to maintaining the premises;

(d)information about the execution of documents in relation to the tenancy;

(e)information about the importance of the tenant keeping copies of documents in relation to the tenancy;

(f)information about complaint or dispute resolution procedures under the Act;

(g)information about how to seek advice or assistance in relation to the tenancy.

(2)For the purposes of section 27B of the Act, the following information is prescribed in the case of a residential tenancy agreement (other than a written residential tenancy agreement) —

(a)information listed in subregulation (1);

(b)a summary of the terms under the Act applicable to every residential tenancy agreement.

10ABA.Information prescribed by regulation 10AB must be given to tenant in approved form

(1)A lessor or property manager must give the information prescribed by regulation 10AB to the tenant in the approved form —

(a)in the case of a written residential tenancy agreement, at the time of entering into the agreement; or

(b)in any other case, within 14 days after the tenant has taken possession of the residential premises.

Penalty for this subregulation: a fine of $5 000.

(2)Subregulation (1) does not apply in relation to a residential tenancy agreement if —

(a)the agreement is renewed or extended; and

(b)there has been no change in the parties to the agreement.

11.Regulation 12BA deleted

Delete regulation 12BA.

12.Regulations 12BB to 12BF inserted

Before regulation 12C insert:

12BB.Ground for approval to refuse consent for pet prescribed for section 50E(3)(f) of Act

(1)In this regulation —

dangerous dog has the meaning given in the Dog Act 1976 section 3(1).

(2)For the purposes of section 50E(3)(f) of the Act, a prescribed ground is the pet is a dangerous dog.

12BC.Prescribed modifications to prevent entry in circumstances of family violence for section 50M(2) of Act

For the purposes of section 50M(2) of the Act, prescribed modifications are 1 or more of the following —

(a)installing or altering any of the following —

(i)a security alarm or camera;

(ii)a lock, screen or shutter on a window;

(iii)a security screen on a door;

(iv)an exterior light;

(v)a lock on a gate;

(b)pruning a shrub or tree that limits visibility around the residential premises.

12BD.Types of modifications which may be subject to condition prescribed for section 50P(a) of Act

For the purposes of section 50P(a) of the Act, the following are types of prescribed modifications —

(a)installing any of the following —

(i)a lever‑style tap;

(ii)a hardwired alarm system, security camera or security light;

(iii)a telephone or internet connection;

(iv)non‑permanent window film;

(b)painting a room.

12BE.Matters prescribed for section 50P(b) of Act

For the purposes of section 50P(b) of the Act, the following are prescribed matters —

(a)the provision by the tenant to the lessor of the codes to an alarm system;

(b)the provision by the tenant to the lessor of copies of keys for locks on gates or letterboxes;

(c)if the lessor’s consent for the tenant to make the minor modification is subject to a condition under section 50P(a), the provision by the tenant to the lessor of a copy of the invoice of the person who carried out the modification.

12BF.Grounds for approval to refuse consent prescribed for section 50S(3)(g) of Act

For the purposes of section 50S(3)(g) of the Act, a prescribed matter is —

(a)the tenant is making a minor modification on a surface that is tile, exposed brick or exposed concrete that involves drilling, nailing or otherwise permanently altering the surface; and

(b)there is a significant risk of damage from the modification referred to in paragraph (a).

13.Part 4 inserted

After regulation 18 insert:

Part 4 — Transitional provisions

19.Transitional provision — Residential Tenancies Amendment Regulations (No. 2) 2024

(1)In this regulation —

commencement day means the day on which the Residential Tenancies Amendment Regulations (No. 2) 2024 regulation 3 comes into operation.

(2)Regulation 10ABA(1)(b) does not apply in relation to a residential tenancy agreement entered into before commencement day, other than a written agreement, if —

(a)the lessor or property manager gives the information prescribed in regulation 10AB as in force immediately before commencement day to the tenant; and

(b)the information is given to the tenant within 14 days after the tenant has taken possession of the residential premises.

14.Schedule 4 amended

In the reference after the heading to Schedule 4 delete “10AA, 10AB,”.

15.Schedule 4 Forms 1AA, 1AB, 1AC and 1AD deleted

In Schedule 4 delete Forms 1AA, 1AB, 1AC and 1AD.

16.Schedule 4 Form 1 amended

In Schedule 4 Form 1:

(a)under the heading HOW TO COMPLETE THIS FORM in item 2 delete “tenant moving into the premises.” and insert:

start of the tenancy as specified in the residential tenancy agreement.

(b)under the heading IMPORTANT NOTES ABOUT THIS PROPERTY CONDITION REPORT in item 6 delete “Commerce on 1300 30 40 54 or visiting <www.commerce.wa.gov.au/ConsumerProtection>.” and insert:

Energy, Mines, Industry Regulation and Safety on 1300 30 40 54 or visiting <www.dmirs.wa.gov.au/ConsumerProtection>.

17.Schedule 4 Form 2 amended

In Schedule 4 Form 2:

(a)after “Department of” (1st occurrence) insert:

Energy,

(b)delete “www.commerce.wa.gov.au/consumer‑protection.” and insert:

<www.dmirs.wa.gov.au/ConsumerProtection>.

(c)after “Department of” (2nd occurrence) insert:

Energy,

18.Schedule 4 Form 6 amended

In Schedule 4 Form 6 delete:

By post: Send a cheque or money order (payable to ‘Authorised Person — Residential Tenancies Act 1987’) to:

Authorised Person — Residential Tenancies Act 1987

Department of Commerce

Locked Bag 14 Cloisters Square

Perth WA 6850

In person: Pay the cashier at:

Department of Commerce

219 St George’s Terrace, Perth WA

and insert:

By post: Send a cheque or money order (payable to ‘Authorised Person — Residential Tenancies Act 1987’) to:

Authorised Person — Residential Tenancies Act 1987

Department of Energy, Mines, Industry Regulation and Safety ‑ Consumer Protection Division

Locked Bag 100

East Perth WA 6892

By credit card: Complete the following details and forward this form to the Authorised Person as detailed above:

Card type:

Cardholder name:

Card number:

Expiry date of card:

Amount:

Signature:

In person: Pay the cashier at:

Department of Energy, Mines, Industry Regulation and Safety, at any of the following locations:

Cannington: Level 1, Mason Bird Building, 303 Sevenoaks Street Cannington

Albany: Unit 2/129 Aberdeen Street

Broome: Woody’s Arcade, 6/15 Dampier Terrace

Bunbury: 8th Floor, 61 Victoria Street

Geraldton: Post Office Plaza, 50‑52 Durlacher Street

Kalgoorlie: Corner of Hunter and Broadwood Streets, West Kalgoorlie

19.Schedule 4 Form 7 amended

In Schedule 4 Form 7 delete:

Department of Commerce

Locked Bag 14 Cloisters Square

Perth WA 6850

and insert:

Department of Energy, Mines, Industry Regulation and Safety ‑ Consumer Protection Division

Locked Bag 100

East Perth WA 6892

20.Schedule 5 amended

(1)At the beginning of Schedule 5 insert:

	Offences under Residential Tenancies Regulations 1989		Modified penalty
r. 10ABA(1)(a)		Failing to give information in approved form in relation to written residential tenancy agreement	$1 000
r. 10ABA(1)(b)		Failing to give information in approved form in relation to residential tenancy agreement other than written agreement	$1 000

(2)In Schedule 5 in the Table:

(a)before the item relating to section 22(5) insert:

s. 11H(1)	Giving Commissioner false or misleading information	$2 000

(b)in the item relating to section 27A delete “prescribed” and insert:

approved

(c)after the item relating to section 27A insert:

s. 27AA(1)	Advertising or offering tenancy other than for rent at fixed amount or for rent calculated by reference to tenant’s income	$2 000
s. 27AA(3)	Soliciting or inviting offer of rent at amount higher than advertised	$2 000

Note: The heading to regulation 5AB is to read:

Exemptions from section 27A of Act — residential agreements not required to be in approved form

V. MOLAN, Clerk of the Executive Council

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer