Western Australian Current Acts Western Australian Current Acts (1A) In this section
—
disability means a disability —
(a)
which is attributable to an intellectual, psychiatric, cognitive,
neurological, sensory, or physical impairment or a combination of those
impairments; and
(b)
which is permanent or likely to be permanent; and
(c)
which may or may not be of a chronic or episodic nature; and
(d)
which results in a substantially reduced capacity of the person for
communication, social interaction, learning or mobility.
(1) Except as provided
in subsections (2A) and (4), a residential tenancy agreement may provide that
the tenant —
(a)
shall not affix any fixture or make any renovation, alteration or addition to
the premises; or
(b) may
affix any fixture or make any renovation, alteration or addition to the
premises, but only with the lessor’s consent.
(2) Where a
residential tenancy agreement makes the provision described in subsection
(1)(b) it is a term of the agreement that —
(a) the
lessor shall not unreasonably withhold such consent; and
(b) the
tenant may remove any fixture that the tenant has affixed to the premises,
with the lessor’s consent, during the period that the tenant has
continued in possession of the premises under the agreement, unless the
removal of the fixture would cause irreparable damage to the premises; and
(c)
where the tenant causes any damage to the premises by removing any fixture,
the tenant shall notify the lessor and, at the option of the lessor, repair
the damage or compensate the lessor for any reasonable expenses incurred by
the lessor in repairing the damage.
(2A) It is a term of
every residential tenancy agreement that —
(a) a
tenant may affix either or both of the following items to a wall of premises
the subject of the agreement for the purpose of ensuring the safety of a child
or a person with a disability, but only with the lessor’s consent
—
(i)
furniture;
(ii)
a thing to affix the furniture to the wall;
and
(b) the
lessor may only refuse consent —
(i)
if affixing the item to the wall would disturb material
containing asbestos; or
(ii)
if the premises are entered in the Register of Heritage
Places compiled under the Heritage of Western Australia Act 1990 section 46;
or
(iii)
if the premises is a lot in a scheme under the
Strata Titles Act 1985 , the by-laws for the scheme prohibit affixing the
item to the wall of the premises; or
(iv)
for a prescribed reason;
and
(c)
unless the lessor agrees otherwise in writing, the tenant must remove the item
from the wall when the tenant vacates the premises and either —
(i)
restore the wall to its original condition; or
(ii)
compensate the lessor for any reasonable expenses
incurred by the lessor in doing that restoration;
and
(d) the
cost of affixing the item to the wall, removing it and restoring the wall to
its original condition must be borne by the tenant; and
(e) if
the tenant causes damage to the premises when affixing or removing the item or
restoring the wall to its original condition —
(i)
the tenant must notify the lessor in writing that damage
has been caused to the premises; and
(ii)
the lessor may require the tenant to repair the damage
and restore the premises to their original condition or compensate the lessor
for the reasonable expenses incurred in doing the repair and restoration.
(2B) The lessor is
taken to have consented to affixing the furniture or thing to the wall of the
premises under subsection (2A)(a) if, and only if —
(a) the
tenant has given the lessor a request, in a form approved by the Commissioner,
seeking the lessor’s consent to affix the item to the wall; and
(b) the
lessor has not refused consent under subsection (2A)(b) within 14 days after
the day on which the lessor receives the request.
(3) It is a term of
every residential tenancy agreement that —
(a) the
lessor may affix any fixture or make any renovation, alteration or addition to
the premises, but only with the tenant’s consent; and
(b) the
tenant must not unreasonably withhold such consent.
(4) It is a term of
every residential tenancy agreement that a tenant may affix any prescribed
fixture, or make any prescribed renovation, alteration or addition to the
premises (the prescribed alterations ), necessary to prevent entry onto the
premises of a person —
(a)
after the termination of the person’s interest in a residential tenancy
agreement under section 60(1)(bc); or
(b) in
any event, if it is necessary to prevent the commission of family violence
that the tenant suspects, on reasonable grounds, is likely to be committed by
the person against the tenant or a dependant of the tenant.
(5) For the purposes
of subsection (4) —
(a) the
cost of making the prescribed alterations must be borne by the tenant; and
(b) the
tenant must give written notice to the lessor of the tenant’s intention
to make the prescribed alterations; and
(c) work
on the prescribed alterations must be undertaken by a qualified tradesperson,
a copy of whose invoice the tenant must provide to the lessor within 14 days
of the alterations being completed; and
(d) the
prescribed alterations must be effected having regard to the age and character
of the property and any applicable strata company by-laws; and
(e) the
tenant must restore the premises to their original condition at the end of the
residential tenancy agreement if the lessor requires the tenant to do so and,
where restoration work has been undertaken by a tradesperson, must provide to
the lessor a copy of that tradesperson’s invoice within 14 days of that
work having been performed.
(6) Subsection (4)
does not apply to premises entered into the Register as defined in the
Heritage of Western Australia Act 1990 section 3(1) or in the register as
defined in the Heritage Act 2018 section 4.
[Section 47 amended: No. 60 of 2011 s. 42, 88 and
89; No. 3 of 2019 s. 12; No. 25 of 2019 s. 67.]