AnalysisWhy the WA government won’t outlaw ‘no cause’ evictions a year out from an election

AnalysisWhy the WA government won’t outlaw ‘no cause’ evictions a year out from an election

Challenges Faced by Renters in Western Australia

A common saying suggests that a person’s home is their castle, but this sentiment may not hold true for individuals who are renting their place of residence. This is particularly evident for renters in Western Australia, one of the two regions in the country that has yet to prohibit ‘no grounds’ evictions or show intentions to do so.

Recent developments have seen a shift in this trend, with every part of Australia, with the exception of the Northern Territory, advocating against the practice of landlords terminating leases without a valid reason. The prevailing laws now dictate that evictions can only occur under specific circumstances. For instance, in the Australian Capital Territory (ACT), permissible reasons for eviction include the landlord or a close associate intending to occupy the premises, the landlord planning to sell the property, or instances where the tenant’s behavior is threatening or abusive.

A for lease sign at a picket fence

Perth’s Rental Market and Advocates’ Efforts

Perth’s rental vacancy rate remains steady at approximately 0.7 per cent, as reported by ABC News. Advocates in Western Australia have persistently advocated for reforms in the rental sector to create a fairer environment for tenants. They aim to address the concern that tenants may hesitate to assert their rights due to the risk of retaliatory evictions by landlords.

Advocates anticipated that the ongoing process to revamp the state’s rental laws, initiated before the onset of the COVID-19 pandemic, would culminate last year with the elimination of ‘no grounds’ evictions, particularly for existing tenancies. However, the government’s announced changes did not include measures to ban evictions without cause.

While some positive changes were introduced, such as permitting tenants to keep pets, make minor property alterations, and restricting rent hikes to once annually, the crucial aspect of preventing ‘no cause evictions’ was conspicuously absent from the reforms.

Despite the passage of almost a year since the initial reforms were disclosed, they are on the verge of being approved by parliament without the inclusion of a ban on evictions without cause.

‘Lack of Vision’

Both Greens MP Brad Pettitt and independent Wilson Tucker attempted to propose amendments aimed at putting an end to no-cause evictions, with Pettitt also advocating for the implementation of minimum standards and caps on rent increases.

In addressing the parliament, Pettitt expressed his disappointment with the current legislation, stating, “The only drawback of the bill at hand is the absence of ambition.”

A man wearing a blazer over a jumper and shirt looks seriously at the camera.

Brad Pettitt strongly advocates for the prohibition of no-cause evictions, emphasizing the urgency of addressing the current rental crisis. According to Commerce Minister Sue Ellery, the proposed changes aim to strike a balance between the rights of tenants and landlords, acknowledging that it may not directly tackle all aspects of the rental crisis, such as supply issues. Despite concerns raised by groups like the Real Estate Institute of Western Australia about the potential negative impact on investment, Ellery defended the decision, citing the need to prioritize addressing supply shortages in the housing market.

The construction delays in Perth, attributed to a shortage of skilled workers, have exacerbated the challenges in the rental market. During a parliamentary debate, Ellery justified the decision not to implement the no-cause evictions ban by highlighting the importance of encouraging investment in the current economic climate. However, Pettitt remained skeptical, questioning whether there was substantial evidence to support the claim that such a ban would deter investment or if it was merely based on speculation. In response, Ellery reiterated that the decision was made considering the specific circumstances in Western Australia and the need to avoid potential risks associated with the proposed changes.

Balancing the No Cause Evictions Ban

Advocates and the Australian Housing and Urban Research Institute have found that other states have not experienced the anticipated risks upon eliminating the no grounds evictions.

A man with a button-up shirt, glasses and beard stares at the camera.

Dr. Michael Fotheringham emphasizes the importance of the government striking a delicate balance between tenants and landlords amidst the no-cause evictions ban. According to him, despite ongoing reforms in various states, investors have maintained their interest in rental properties. The situation in Western Australia adds additional complexity and scrutiny to the system, leading to the government’s cautious approach in addressing the needs of both tenants and landlords.

Efforts to Address WA’s Housing Crisis Amid No-Cause Evictions Ban

Despite the WA government’s initiatives to alleviate the housing crisis, the impact remains minimal. Keane Bourke, a state political reporter, delves into the necessary steps required to effectively tackle the issue.

A shot from behind of Alyssa standing in her kitchen.

Encouragingly, ensuring the well-being of tenants remains a crucial priority in the long run. The government’s concerns extend beyond the impact on the housing market to include the potential threat to its political authority.

Impending Election Impact on Housing

With an election on the horizon less than a year away, the focus is shifting towards crucial issues like housing, which will play a significant role in the upcoming political landscape.

Premier Roger Cook and his team are faced with a pivotal decision regarding the approximately 650,000 West Australians who are currently renting.

They have two clear choices: either maintain the status quo, causing continued frustration among renters, or take action that, despite some risk, could potentially exacerbate the already dire situation.

The rental market is currently at its peak, with a mere 0.7 percent vacancy rate, leaving little room for flexibility and driving rental prices to unprecedented levels.

In the upcoming election, worsening the housing crisis for renters could prove to be a detrimental misstep for the Labor party, as they seem poised to secure victory.

One crucial aspect that could significantly impact the election outcome is the implementation of a no-cause evictions ban, which holds the potential to reshape the housing landscape for renters across Western Australia.

An advertisement on social media featuring the images of Libby Mettam, Peter Dutton, Basil Zempilas and Michaelia Cash.

WA Labor’s Stance on No Cause Evictions Ban

A recent social media ad by WA Labor has highlighted the potential threat posed by Peter Dutton and the Liberal party to WA’s GST deal. While Cook’s campaign emphasizes not underestimating the upcoming election, it also sheds light on Labor’s strategic approach and key opponents.

In recent weeks, Labor has launched a series of social media attack ads advocating for the ban on no cause evictions, targeting prominent Liberals such as Peter Dutton, Libby Mettam, Michaela Cash, and even Basil Zempilas, who has yet to receive official endorsement as a candidate.

The Liberal party’s lack of support for ending no cause evictions makes it a contentious issue to confront so close to the election, risking potential backlash. This aligns with Ellery’s firm stance, akin to “Tell him he’s dreaming,” emphasizing the uphill battle in pushing for this reform.

Despite the timeline for passing these reforms extending until at least mid-April, with implementation expected by mid-year, there are already indications that further rent reforms will not be entertained post-election to avoid hindering Labor’s potential return to power for a third consecutive term.

The hope remains that renters will eventually experience a sense of security akin to their own castle, with the ban on no cause evictions playing a crucial role in achieving this goal.

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