Understanding Tenant Discrimination Laws in WA

Renting a home in Western Australia should be an equitable process, free from discrimination. However, understanding the nuances of discrimination laws in renting can be challenging for many tenants. This article demystifies those laws to help you make informed decisions in your rental journey.

What is Rental Discrimination?

Rental discrimination occurs when a tenant or potential tenant is treated unfavorably based on specific characteristics. These characteristics often include race, gender, age, disability, and more. In Western Australia, laws exist to protect tenants from such unfair practices.

Legal Framework

Federal Law

The Fair Trading Act 1987 (Cth) outlines the rights of consumers, including renters, ensuring fair treatment and protection from discrimination.

State Law

The main piece of legislation for tenants in Western Australia is the Residential Tenancies Act 1987. This Act provides a framework for renting, ensuring tenants have rights and are free from discriminatory practices.

Types of Discrimination in Renting

• Race: Discriminating against a tenant based on race, color, descent, or national or ethnic origin is unlawful.
• Gender: Tenants should not face disadvantages in renting based on gender.
• Age and Family Status: Age or having children should not be criteria for denying rental applications.
• Disability: Ensuring rental properties are accessible and accommodating for individuals with disabilities is a legal obligation.

How to Recognize and Handle Rental Discrimination

Recognizing Discrimination

Be vigilant of behaviors such as property managers giving inconsistent information to different tenants or landlords who refuse to make reasonable adjustments for disabilities.

Taking Action

Document any instances of discrimination and file a complaint with the relevant authorities. Contacting your local community legal center can also provide guidance and support.

Filing a Complaint

If you suspect discrimination, you can file a complaint with the Western Australian Tenancy Tribunal. For this, you may need to fill out specific forms. Ensure you keep copies of all documents and correspondence.

Need Help? Resources for Renters

If you need further assistance, consider reaching out to the following:

• Western Australian Tenancy Tribunal
• Consumer Protection: WA Department of Commerce
• Local Community Legal Centres for free advice and support

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1. What should I do if I experience rental discrimination? Document all communications and incidences, then reach out to your local Tenancy Tribunal or a community legal center for guidance.
2. Can my lease be terminated due to a complaint I lodged? Generally, retaliatory eviction is illegal. You can seek assistance from a legal advisor if you suspect such actions.
3. Are there forms I need to fill out to report discrimination? Yes, specific forms might be required for lodging complaints, available at your local tribunal's website.

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