Understanding Rental Discrimination in WA

Renting a property in Western Australia should be a straightforward and fair process. However, discrimination can sometimes present challenges for renters. Understanding your rights can help you navigate these issues effectively.

What is Rental Discrimination?

Rental discrimination in Western Australia occurs when a landlord refuses to rent to a prospective tenant or treats them less favorably because of their age, race, sex, disability, or other protected characteristics.

Protected Characteristics

According to the Australian Human Rights Commission, discrimination is unlawful when it is based on personal characteristics including:

• Race
• Sex
• Age
• Disability
• Family responsibilities

Understanding these characteristics can help renters recognize if they are being discriminated against.

What Can You Do if You've Faced Discrimination?

If you suspect discrimination, there are steps you can take to address it effectively:

Document the Incident

Record specific details about the discrimination, such as the date, time, and nature of the incident. This documentation will be helpful if you decide to pursue a complaint.

Seek Legal Advice

Contact a legal service for advice. Community legal centres in Western Australia can provide free or low-cost advice.

Tip: Legal advice can guide you on how to proceed with a discrimination claim and support you through the process.

Filing a Complaint

Complaints about discrimination in renting can be made to the State Administrative Tribunal (SAT) in Western Australia.

For guidance on filling in the Dispute Resolution Application, consider seeking support from a legal professional.

Understand Federal and State Laws

The Fair Trading Act 1987 (Cth) provides general protections against discrimination, while the Residential Tenancies Act 1987 (WA) governs residential rental agreements and the rights of landlords and tenants in Western Australia.

6. What are my rights if my landlord discriminates against me?

   You have the right to lodge a complaint with the State Administrative Tribunal or seek mediation through tenant advocacy services in Western Australia.

7. Can I be discriminated against if I’m receiving government assistance?

   No, landlords cannot discriminate against applicants receiving government assistance or benefits.

8. How quickly should I file a complaint after facing discrimination?

   It’s best to file a complaint as soon as possible, as there may be time limits for taking action.

1. How to file a discrimination complaint in WA
   1. Document Everything: Keep a detailed record of the discriminatory acts, communications, and witnesses.
   2. Consult a Legal Advisor: A legal professional can guide you on the complaint process and help assess your case.
   3. Submit a Formal Complaint: Lodge your complaint with the State Administrative Tribunal, accompanied by your documentation.
   4. Follow Up: Stay informed about your case and provide any additional information requested promptly.

Need Help? Resources for Renters

For renters in Western Australia seeking guidance, consider contacting:

• Tenancy WA for advice and support on tenant rights.
• Community Legal Centres WA for legal guidance and support.
• State Administrative Tribunal (SAT) for lodging formal complaints.

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1. The Residential Tenancies Act 1987 (WA) offers statutory guidance on rental agreements and tenant rights in Western Australia. The full text is available here.
2. For federal law, the Fair Trading Act 1987 (Cth) covers wider discrimination protections across Australia.

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