Minor Modifications and Pets – how do the new laws really work in practice?
Minor Modifications and Pets – how do the new laws really work in practice?
With the raft of changes implemented in 2024, there are now different processes we must follow when a tenant wants to make a minor modification or requests to have a pet at the property, which we will explain further below.
- The tenants must ask for permission from the landlord by writing their request on the prescribed form and supplying this to their Property Manager
- The property manager then presents the form to the landlord and asks them to fill it out. They have the option to then approve the request, approve the request with conditions, or refuse the request. This must be done within 14 days or the tenants request is automatically approved. It is important to note that Commissioner approval is required for some conditions of approval, as well as some reasons for refusal.
- After the form is returned by the landlord and a copy of the landlord’s filled form has been provided to the tenant, it is then submitted to the Commissioner if there is a condition to be approved or a refusal to be assessed. The process of the Commissioner decision making purpose is as follows:
- The Commissioner will notify all parties that an application has been made and invite them to respond.
- Parties will be asked if they agree or disagree with the application and to provide information or evidence.
- The Commissioner will review the information provided and may request more.
- Everyone will be told of the decision and the reasons for that decision.
- If anyone is unhappy with the decision, they can appeal it to the Magistrate’s Court within seven days.
A link to the prescribed form can be found here: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.consumerprotection.wa.gov.au/system/files/migrated/sites/default/files/atoms/files/petrequestform.pdf
Here is a link to some of the recent decisions by the Commissioner: https://www.consumerprotection.wa.gov.au/commissioners-decisions
For further information on how the Commissioner reaches their decisions, see the link below: https://www.consumerprotection.wa.gov.au/publications/commissioner-determination-guidelines-keeping-pet-rental-home
Has Celsius seen a huge influx of requests since the changes?
Whilst the laws have changed and it is now much easier for tenants to request a pet or a minor modification, we can confirm we have not seen a huge influx of requests. We have had a total of 4 pet request forms and 3 minor modification forms submitted since the changes in July 2024. Most of these have been for instant approvals, with only 2 out of the 7 needing Commissioner assessment. Out of a portfolio of nearly 300 properties, this is a very small number of requests!
Our experience with the department of Consumer Protection and the Commissioner has also been positive and informative. Each case is assigned a dedicated officer who deals with the request and provides detailed information on what information is required. They ensure all the proper processes are followed and they provide regular updates on how it is progressing, aiming to involve all parties including tenants, landlords and property managers – making for an inclusive and smooth process.