"Fee caps good news for renters"

 This article was sourced from PerthNow and was written by Claire Bickers.

"THE most vexatious part of securing a new rental home - "option fees'' which have previously cost renters hundreds of dollars - will now be capped at $50 or $100 dollars under new residential tenancy laws set to start in Western Australia mid-year. 

For months, stressed renters have been complaining in Perth of having to stump up potentially thousands of dollars just to be in the running as they applied for hard-to-find rentals in the overheated market.
The median rent is currently $470 and option fees have typically been one week’s rent – a figure which can rapidly spiral into the thousands if a candidate needs to make several applications to secure a home.
But now WA is to get a new Residential Tenancies Act taking effect midyear and the industry is debating who are the winners, with some claiming the new laws favour tenants and leave landlords in the lurch.
Perth rents were a political hot potato during the recent state election.
Abolishing option fees was one of WA Labor's campaign points.
The Barnett Government opted to cap the fee instead.
Another key change to the residential tenancy laws will mean a fixed term tenancy will no longer end automatically when the lease ends instead, a tenancy will only end is 30 day's written notice is given.
The new laws have also standardised residential tenancy agreements, created new minimum levels of security for rentals and made property condition reports compulsory at the start and end of a tenancy.
Residential tenancy agreements can currently take any form; from a verbal agreement, to written on the back of a coaster, to a fully outlined legal document.
Under the upcoming legislation, a new standardised written agreement will come into force but ``lessors'' (landlords) will still be able to add specific clauses.
Property condition reports are now compulsory.
And in another major change, the new act will require homes to be fitted with compulsory security measures, likely to include door and window security and exterior lighting.
According to new WA Commerce Minister Michael Mischin specific regulations, such as the kind of security measures which will be required, are currently being finalised and will eventually be published on the Department of Commerce website.
Previously only one fine of $20,000 was included in the legislation but with the updated laws, several misdemeanours will carry the maximum penalty.
Reiwa property managers network co-chairperson Michelle Rigg, who ran a seminar for Ausnet real estate agents last week on the changes, said the recent State election had likely pushed the start date back to July.
She said the changes held some clear benefits for tenants.
``One key thing for tenants is that the changes actually incorporate ways to deal with internal disputes between tenants,'' Ms Rigg said.
She said tenants who shared properties but fell out could now have their disputes heard, even if their names weren't on the lease.
The Department of Commerce will be running an education campaign on the new laws in the next few months.
THE CHANGES
Under the new laws:
Residential tenancy agreements will be standardised with the option to add any specific clauses to the agreement as long as they don't counteract those in the act.
Property condition reports must be completed at the start and end of a tenancy.
Security bonds must be lodged with the Department of Commerce's Bond Administrator.
Pet Bonds will now include any pet capable of carrying parasites that could affect humans where previously they only included cats and dogs. Like before, Pet bonds may only be used to fumigate.
Landlords will only be able to inspect their property a maximum of four times in a year and must notify the tenant whether the inspection will be before or after noon.
Inspections must be between 8am and 6pm on a weekday, 9am and 5pm on a Saturday or at any other time agreed by both parties.
Landlords will be required to contact a repairer within 24 hours for an essential repair or within 48 hours for other urgent repairs, with repairs to be completed as soon as possible.
A new minimum level of home security, yet to be finalised by the Department of Commerce, will be compulsory for all rentals and must be put in place within two years of the new laws commencing.
A tenancy will not automatically end when a fixed term tenancy agreement ends unless the owner or tenant gives the other party 30 days notice.
Option fees will be capped at either $50 or $100 dollars depending on the rent.
Only tenants who have breached their lease can now be placed on tenant databases and landlords must inform tenants of which databases they will be checking. If a landlord finds a tenant on a database they must inform the tenant in writing of ways they can get themselves removed from the database.
All standard forms will be available free from the consumer protection website.
For further details and other changes to the residential tenancy legislation see the Department of Commerce's website or the Residential Tenancies Amendment Act 2011. Information on specific regulations will be available soon."