• Residential Tenancies Act – Affixing furniture

    Following tragic circumstances in NSW, the WA Government reviewed the Residential Tenancies Act to allow furniture to be fixed to walls to protect small children.

    REIWA was supportive of the move provided any damages would be rectified or compensated for at the end of a lease.

    REIWA also raised concerns over the fixing of furniture in cases where doing so would disrupt asbestos and in strata schemes where by-laws prohibit the affixing of furniture to the walls of the premises.

    REIWA also called for special provisions for heritage listed properties.

    REWA is delighted to announce that the Department of Mines, Industry Safety and Regulation has confirmed that these exemptions have been included in the later drafts of the legislation.

    In its letter to REIWA, DMIRS stated: “It is intended that the amended provision will permit a lessor to refuse consent for furniture to be affixed where:

    • the proposed fixture would disturb asbestos building material;
    • the property is heritage listed;
    • or the property is a strata lot, and the strata by-laws prohibit the affixing of furniture to the walls of the premises. “

    In addition, the amended section will provide for the tenant to pay any costs associated with the fixture and removal of the furniture, and to repair any resulting damage to the property or compensate the lessor for the reasonable costs of repair.

    For more information, visit the Department of Mines, Industry Regulation and Safety website.