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Undercover agents on the ground to enforce WA’s rental bidding ban

By Juliet Helmke
17 May 2024 | 6 minute read
sue ellery reb qunfmx

The new laws kicked in on 14 May 2024, and Consumer Affairs has warned that the rules will be immediately enforced.

To that end, the state watchdog has alerted the industry that undercover compliance officers posing as would-be tenants will be attending property inspections to discuss higher rent offers with landlords and property managers.

Under the new rules, higher offers of rent can only be accepted if they are offered freely and not solicited or encouraged. There is also a new ban on advertising price ranges for properties – they must now only be listed and offered at a set amount. Consumer Affairs will be issuing penalties of up to $10,000 for an individual or $50,000 for a corporation found to be breaking these new rules.

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Commerce Minister Sue Ellery stressed that the state will be doing everything possible to ensure the new laws are followed and that tenants, landlords and property managers are aware of their obligations and rights.

“Sending undercover officers to rental property inspections is one way Consumer Protection will ensure that changes to rent bidding will be adhered to,” Ellery said.

In addition to the regulations relating to rental pricing, new protections for tenants who believe they are being unfairly treated for exercising their tenancy rights are also in effect.

If a tenant believes the landlord has taken retaliatory action – such as a rent increase, breach notice or lease termination in response to maintenance requests or refusing unreasonable access – the tenant can now challenge this in the Magistrates Court.

"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,” Ellery said, noting that further reforms will roll out later in the year.

The next stage 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.

The final part of the rental reforms – a streamlined bond release process – is set to be introduced in early 2025.

Housing Minister John Carey stressed that the new laws show “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,” he said.

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ABOUT THE AUTHOR


Juliet Helmke

Based in Sydney, Juliet Helmke has a broad range of reporting and editorial experience across the areas of business, technology, entertainment and the arts. She was formerly Senior Editor at The New York Observer.

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