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WA Changes to the Residential Tenancy Act

It’s almost the end of the year again, time is flying by. There have been some changes to the Residential Tenancies Act, the 2 most significant relate to child safety and common area in Strata complexes.

1. Section 47 – Right of tenant to affix and remove fixtures

This section has been amended to insert a new subsection that provides that a tenant may affix furniture to the walls for the purposes of ensuring the safety of a child with the consent of the lessor. Consent can only be withheld under specific circumstance such as where the fixture would disturb asbestos building material, where the premises are heritage listed or where the premises are in a strata lot and the strata by-laws prohibit the affixing of items to internal walls. The section also provides that the tenant must remove the fixture when vacating, be responsible for the cost of installing/ removing the fixture and the repair of any damage caused by the fixture.

2. Section 38 – Tenant responsibility for cleanliness and damage and Section 73 – Termination of Agreement where tenant causing serious damage or injury

These sections have been amended to include common areas. For example, it provides that the tenant shall also not intentionally or negligently cause damage to a common area or chattel in the common area. Similarly with Section 73, a tenancy may be terminated where the tenant has intentionally or recklessly caused or permitted serious damage to the premises.

If you have any further questions in regards to these changes, our team of Property Managers would be more than pleased to be of assistance to you. Wishing you the very best.

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