Western Australia to Ban No-Grounds Evictions in Major Rental Reform
"All West Australians deserve a home." — Premier Roger Cook
The Western Australian government has announced it will introduce legislation to ban no-grounds evictions, aligning the state with most other Australian jurisdictions. The proposed reforms also include minimum rental property standards and an extension of a rent relief program. Landlords will retain the right to evict tenants for a specified list of reasons.
Details of the Proposed Ban
Under the proposed changes, landlords will be prohibited from terminating a lease without providing a specific reason. Previously, Western Australia and the Northern Territory were the only Australian jurisdictions that still permitted no-grounds evictions.
Previously, no-grounds evictions allowed a landlord to end a lease in two situations: during a periodic lease (with no fixed end date) and at the end of a fixed-term lease.
Landlords will still be able to evict tenants for the following specific reasons:
- The owner or a relative needing to occupy the premises
- Significant renovation or demolition of the property
- Repeated serious breaches by the tenant
- The sale of the property with vacant possession
- Non-payment of rent, property damage, or illegal activity
Additional Reforms Announced
The government is also introducing minimum standards for rental properties. These standards will mandate that properties are structurally sound and include hot and cold water, ventilation, and adequate plumbing. The Department of Local Government, Industry Regulation and Safety will consult on the specific details during the drafting process.
The government is extending its one-off Rent Relief program, which provides up to $5,000 for tenants facing severe financial hardship. This follows an earlier tranche of tenancy reforms that limited rent increases to once per year and banned rent bidding.
Official Statements
Commerce Minister and Attorney-General Tony Buti described the policy as a "commonsense approach" aimed at finding a "fair balance" between landlords and tenants. He noted the housing market is "very tight" and that tenants need security. Dr. Buti stated that the government examined the experiences of other states and concluded the market was not adversely affected by similar bans.
Housing and Works Minister John Carey described the minimum standards as "common sense" and acknowledged pressures in the rental market.
Stakeholder Reactions
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Real Estate Institute of Western Australia (REIWA) president Suzanne Brown expressed concern that the ban could deter investment, reduce housing supply, and increase rent prices. REIWA previously argued that no-grounds evictions are used rarely, typically in worst-case scenarios, and that removing the clause could strain housing supply.
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Shelter WA, a tenant advocacy group, argued that tenants should not fear losing their homes without fault and that landlords already have seven other grounds for eviction.
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Anglicare WA chief executive Mark Glasson stated there is little evidence nationally that similar bans affect private investment.
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Greens WA housing spokesperson Tim Clifford supported the ban, stating there is no evidence that similar reforms in other states reduced supply, but criticized the lack of caps on rent increases.
Background on Previous Practices and Perspectives
A poll commissioned by the Make Renting Fair Alliance found that 80% of 761 Western Australian respondents supported ending no-grounds evictions, including 72% of residential investment property owners surveyed. Landlord opinions were mixed, with some supporting the current rules and others stating existing grounds for eviction are sufficient.