Understanding Rental Discrimination in Western Australia

Renting a home in Western Australia should be a fair experience for everyone, but unfortunately, discrimination can occur. It's essential for renters to understand their rights and know how to address any discriminatory practices they encounter. This guide will help you navigate the legal landscape surrounding rental discrimination in Western Australia.

Your Rights Under the Law

The Residential Tenancies Act 1987 and the Fair Trading Act 1987 (Cth) provide a foundation to protect tenants against various forms of discrimination. Discrimination in renting could involve being unfairly treated based on race, gender, disability, age, or other attributes.

What Constitutes Discrimination?

Discrimination can take many forms in the rental market, including:

• Refusing to rent to someone because of their race or ethnic background.
• Charging different rent prices based on gender or sexual orientation.
• Providing unequal services or facilities to tenants with disabilities.

Should any of these situations arise, it is important to know the steps you can take to address them. Document any interactions with landlords or property managers, and retain all relevant communications.

Action Steps if You Experience Discrimination

Documenting the Incident

Keep detailed records of what occurred, including dates, times, and what was said or done. This evidence will be crucial if you choose to take formal action.

Lodging a Complaint

If you feel you have been discriminated against, you can lodge a complaint with the Department of Mines, Industry Regulation and Safety or initiate proceedings at the State Administrative Tribunal. These bodies handle tenancy disputes and provide resources for renters seeking justice.

If you believe you’ve been discriminated against, take prompt action to protect your rights.

Key Forms and Resources

• Complaint Form: Use the Complaint Form (available here) to report rental discrimination to the Department of Mines, Industry Regulation and Safety.

FAQ Section

1. What should I do if I experience discrimination from a landlord? If you experience discrimination, document everything and consider making a formal complaint through the appropriate Western Australian authorities.
2. Can a landlord refuse to rent to me because I have children? No, this is considered discriminatory under the law. Families with children are entitled to the same rental opportunities as others.
3. Is it illegal for landlords to ask about my race or ethnicity? Yes, asking about or making rental decisions based on race or ethnicity is discriminatory and illegal.

Need Help? Resources for Renters

• Department of Mines, Industry Regulation and Safety – offers advice and dispute resolution.
• Legal Aid WA – provides legal assistance and resources for tenants.
• State Administrative Tribunal – handles residential tenancy disputes in WA.

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1. Residential Tenancies Act 1987

2. Fair Trading Act 1987 (Cth)

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