No grounds evictions will be banned in Western Australia under new tenancy reforms aimed at improving housing security for renters, as the state grapples with one of the nation’s most severe housing shortages and affordability crises.
Under the proposed changes, landlords would be required to provide a valid reason to end a tenancy — such as, when an owner or relative intends to move in, the property requires a substantial renovation or demolition, or a tenant has repeatedly breached the agreement.
In addition, tenants may need to vacate a property if it is sold, they have not paid rent, or illegal activities are carried out at the property.
The types of information landlords, agents or third parties can request from prospective tenants will also be restricted under the reforms.
Tenants must also be provided with one avenue to pay their rent without incurring fees.
The Department of Local Government, Industry Regulation and Safety will consult on the detail of these reforms during the drafting process.
Premier Roger Cook said the laws would help sure every Western Australian had a place to call home.
“Ending no-grounds terminations and replacing them with commonsense reasons for landlords make Western Australia’s rental market fairer,” he said.
“This next wave of residential tenancies reforms builds on our previous changes, which included a ban on rent bidding and limiting rent increases to once every 12 months.”
Commerce Minister Tony Buti said the government was committed to reform that ensures fairness and that includes making sure no Western Australian loses a private tenancy amid a rise in cost-of-living pressures.
“This has flow-on benefits for the community,” he said.
“At the same time, the next phase of tenancy reforms demonstrates our commitment to providing stronger protections for renters and a fairer, more secure housing system for all.”
Real Estate Institute of Western Australia (REIWA) president Suzanne Brown said the organisation was deeply concerned about the inclusion of no grounds evictions in the next review of the Residential Tenancies Act, warning there would be no winners.
“Our objection to the removal of no grounds terminations should not be seen as being anti-tenant or pro-landlord; it’s about ensuring the viability of WA’s rental market,” she said.
“Across the state, the rental market has not fully recovered from the mass exodus of investors post-Covid. Western Australia cannot afford to lose any more rental properties.
“Another drop in supply will see the vacancy rate fall, competition for available properties increase, and even more upward pressure on rent prices.”
End Unfair Evictions campaigner Jesse Noakes said there was no evidence from any other state that ending unfair no grounds evictions had an impact on rental supply.
“Even if a property investor sells a house, it is not as if it disappears into a puff of smoke. Either it houses someone who was previously renting, or it returns to the rental market,” he said.
“Rental supply in WA has fallen from more than 14,000 in 2018 to just 3000 properties this year, according to Anglicare. The rental market can’t get any worse – this can only make things better.”
WA Greens housing spokesman Tim Clifford it was a historic announcement on rental reforms but the announcement did not go far enough.
He said there were loopholes in similar legislation in other states that allowed no-fault evictions and landlords could still use exorbitant rents increases to force out tenants.
“We’re still going to introduce our rent cap bill this week, because we do know the government will walk back from any reforms if we do not maintain this pressure,” he said.
