THREE-STRIKE EVICTIONS: A SWING AND A MISS

As featured in Australian Property Investor (API) Magazine

Western Australia's proposed Residential Tenancies Act reforms continue to generate significant discussion across the property industry, particularly around the removal of "no grounds" terminations. REIWA President Suzanne Brown recently shared REIWA's position on the proposed changes, highlighting concerns about the practical implications for landlords, property managers, tenants, and the broader rental market.

The article below was originally published in Australian Property Investor (API) Magazine and provides valuable insight into REIWA's recommendations and concerns regarding the proposed reforms.

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Three-Strikes Evictions: A Swing and a Miss

By Suzanne Brown, REIWA President

Over the past month, REIWA has been busy providing feedback to the WA Government on its proposed reforms to the Residential Tenancies Act (RTA). One of the key changes involved the removal of no grounds terminations.

As part of the government's communication around this change, the Department of Consumer Protection noted:

"What changes is that tenants can't be asked to leave 'just because' the landlord does not want to renew the tenancy agreement."

REIWA remains opposed to the removal of no grounds terminations. A no grounds termination is not used "just because" a lessor doesn't want to renew an agreement. It is used to end tenancies where there has been a build-up of issues over time, such as repeated rent arrears, property damage, antisocial behaviour and illegal activity.

As part of our research for our response to the government, REIWA asked its members why they typically chose to end periodic tenancies or not renew fixed-term leases. We received 549 responses. The reasons provided were not arbitrary. They included:

• Repeated rent arrears – 86%
• Repeated issues over a period of time (other than rent arrears) – 75%
• Improper maintenance/cleanliness – 63%
• Property damage – 63%
• Antisocial behaviour – 53%
• Threats/safety concerns (for example, to a property manager, neighbours or contractors) – 49%
• Drug use or other illegal behaviour – 46%
• Breach of strata by-laws – 34%

The RTA reforms propose a range of grounds the government considers acceptable. One of these includes termination for repeated breaches.

"The RTA will be amended to include a mechanism for dealing with repeated breaches of a rental agreement by a lessor or tenant."

"It is proposed that the lessor or tenant can apply to the Court to terminate the agreement after three serious breaches of the same provision in a 12-month period. The Magistrates Court may consider a number of factors before making a possession order including the impact of termination on the tenant and the impact of the breaches on the lessor, other residents and neighbours."

A "serious breach" in relation to a tenant's conduct may include:

• The tenant's conduct at or on premises (for example, nuisance)
• Non-compliance with a body corporate by-law
• Threats to agents, lessors or neighbours

We broadly support repeated breaches as an acceptable ground for termination. This will cover issues that are not appropriately addressed by legislation and are instead currently addressed via a no grounds termination.

However, we have recommended a number of changes to this ground.

Firstly, the ground shouldn't be limited to three breaches of the same type. It doesn't make sense that a person could engage in nuisance twice, break strata by-laws twice, and threaten agents, lessors or neighbours twice, and still not have their lease terminated. A total of three breaches over a 12-month period, made up of any combination of the items listed as serious breaches, should be a ground for termination.

REIWA also believes a three-strikes system should not automatically require a court order, provided that instances of breaches are appropriately documented, communicated to the tenant, and neither party disputes the material facts.

Secondly, the ground for repeated breaches should be expanded to include non-payment of rent, late payment of rent and non-payment of utilities.

Consistent late payment of rent was raised by REIWA members as an area where property managers lacked adequate grounds to terminate a lease, particularly in situations where tenants were consistently in arrears but only paid once a breach notice was issued.

Thirdly, we believe the definition of a serious breach should also include a failure to adequately care for the premises, intentional property damage, and a failure to report damage not caused by the tenant that requires immediate and urgent repair.

Finally, we strongly believe the last "serious breach" on the list, threats to agents, lessors or neighbours, needs to be clarified in terms of where it sits in the legislation, expanded in regard to whom it covers, and broadened to include any form of harassment, intimidation, threat or illegal behaviour.

In the consultation paper, a tenant threatening the lessor or property manager is listed as a ground for termination. However, threats to agents, lessors and neighbours are listed as a serious breach. It does not make sense that threatening the lessor or property manager could be grounds for termination in its own right but a tenant can threaten neighbours three times before termination can be considered.

We recommend it be removed from the repeated serious breaches ground and be a ground for termination in its own right.

This ground should be expanded to include behaviour directed at agents, lessors, neighbours, contractors, and anyone else required to attend the premises during the tenancy.

It should also go beyond threats and include any form of harassment, intimidation, threats or illegal behaviour. In addition, this should apply to the tenant's visitors and associates.

Consultation on the reforms continues. REIWA remains committed to ensuring the outcome is workable and balanced. We will continue to strive to ensure the changes introduce as little friction into the WA rental market as possible.

However, it must be noted that the need to repeatedly breach tenants in order to manage a tenancy that might not work at some point is going to make the system a lot more complicated, costly and adversarial. No grounds terminations were simpler for everyone and, in many ways, kinder for tenants.

Suzanne Brown
REIWA President

MAKE YOUR OWN DECISIONS & GIVE IT A REAL GO!!

SELLING MOSMAN PARK & THE WESTERN SUBURBS!!

KEEPING IT REAL IS OUR MOTTO!! 

WHY THE SWITCHBOARD HAS BECOME ONE OF THE MOST IMPORTANT PARTS OF A MODERN HOME

Over the last few years, I've noticed a significant shift in the way Australian homes use electricity.

More people are working from home, solar panels are becoming standard, electric vehicles are on the rise, and smart home technology is now common in many households. As a result, the humble switchboard is doing far more than it was ever expected to do a decade ago.

What was once simply a compliance requirement has become the central hub for managing and protecting a home's electrical system.

With households investing heavily in solar, batteries, EV chargers and expensive electronic devices, it's more important than ever to ensure the electrical infrastructure can safely support these demands both now and in the future.

1. Protecting People and Property Starts with the Basics

Electrical safety should always be the first priority.

Many electrical incidents and house fires can be traced back to overloaded circuits, ageing wiring, or inadequate protection systems. That's why modern switchboards are designed to support individual circuit protection through RCBOs, helping to safeguard both people and property.

One thing electricians will appreciate is the additional space available within newer switchboard designs. Better cable management, improved airflow and easier access all contribute to cleaner installations and more efficient fault finding when issues arise.

2. Surge Protection Is No Longer a Luxury

Most homes today contain thousands, and often tens of thousands, of dollars worth of sensitive electronic equipment.

From televisions and computers to smart appliances and security systems, our reliance on technology means we need to think differently about protecting those investments.

Power surges caused by storms, network switching, or electrical faults can damage equipment instantly or gradually reduce its lifespan over time.

For that reason, I believe surge protection is becoming less of an optional extra and more of a standard consideration for modern homes.

3. Reducing Fire Risk Through Better Protection

Electrical fires remain a serious concern across Australia.

Many aren't caused by major electrical faults, but by smaller issues such as loose connections, damaged conductors or deteriorating wiring that can go unnoticed for long periods.

Advances in protection technology now allow electricians to identify and respond to these issues much earlier than traditional protection devices alone.

For homes in higher-risk environments, such as timber construction, rural properties, or homes containing valuable assets, these additional protection measures can provide valuable peace of mind.

4. Planning for the Future

One of the biggest mistakes homeowners make is designing electrical systems solely around their current needs.

The reality is that most homes will require additional electrical capacity over time.

Whether it's installing solar, adding a battery, upgrading to an EV charger, or introducing new appliances, electrical demand is only moving in one direction.

That's why future-proofing has become such an important consideration. A well-designed switchboard should allow for growth and upgrades without requiring significant rework down the track.

The Bottom Line

In my view, the switchboard has become one of the most important yet often overlooked components of a modern home.

As homes become more connected, more electrified and increasingly reliant on technology, having the right protection and capacity in place isn't just about compliance. It's about safety, reliability and being prepared for the future.

Whether you're building, renovating, investing or upgrading an existing property, it's worth having a conversation with your electrician about whether your switchboard is equipped to meet both today's needs and tomorrow's demands.

After all, every modern home relies on electricity. The switchboard is what keeps it all running safely.

MAKE YOUR OWN DECISIONS & GIVE IT A REAL GO!!

SELLING MOSMAN PARK & THE WESTERN SUBURBS!!

KEEPING IT REAL IS OUR MOTTO!! 

Why Sales and Property Management Need to Work More Closely Than Ever

As the market becomes more competitive and investor activity slows, one of the biggest opportunities for real estate agencies isn't necessarily finding more clients. It's doing a better job with the clients they already have.

I've always believed that the strongest agencies are the ones that treat sales and property management as one business rather than two separate departments. When those teams work together, they create a steady pipeline of referrals, stronger client relationships, and more consistent income regardless of what the market is doing.

With property management providing recurring revenue and sales generating immediate income, both sides of the business play a critical role. Yet many agencies still operate in silos, missing opportunities that are sitting right in front of them.

Property managers are often the first to know when a landlord may be considering selling. Likewise, sales agents are regularly dealing with investors who will need professional property management services after settlement. When information flows between the two teams, everyone benefits, especially the client.

Communication Creates Opportunity

The key is communication.

Property managers should keep sales teams informed about significant changes within a tenancy or investment property. Whether a tenant is moving out, a landlord is facing challenges, or circumstances have changed, these conversations can often uncover future sales opportunities.

On the flip side, sales agents should be providing property managers with as much information as possible about buyers. Are they planning to hold the property as a long-term investment? Are there renovations planned? Will they require property management services after settlement?

Simple conversations and regular updates can create opportunities that would otherwise be missed.

Introduce Property Management Early

Another area where agencies leave money on the table is waiting too long to discuss property management services.

If you're working with an investor buyer, the property management conversation should begin well before settlement. Include rental appraisals, investment information, and introductions to your property management team early in the process.

By the time a contract becomes unconditional, the relationship should already be established.

Make the Value Visible

For collaboration to become part of the culture, both teams need to understand the value they bring to each other.

Property management referrals today often become future sales opportunities. Likewise, sales referrals help grow and strengthen the rent roll. When agencies measure and communicate the value generated from these referrals, it becomes much easier to gain buy-in from both sides of the business.

The most successful agencies aren't looking at sales and property management as separate profit centres. They're viewing them as different parts of the same client journey.

The Bottom Line

As market conditions continue to shift, agencies that build stronger connections between sales and property management will be better positioned to maintain consistent growth and deliver better outcomes for their clients.

In my experience, treating the business as one team, with one goal and one client focus, creates stronger relationships, more referrals, and ultimately a more resilient business.

The agencies that get this right won't just survive changing market conditions. They'll be the ones that thrive.

MAKE YOUR OWN DECISIONS & GIVE IT A REAL GO!!

SELLING MOSMAN PARK & THE WESTERN SUBURBS!!

KEEPING IT REAL IS OUR MOTTO!! 

ONE EXTRA LETTER COULD HAVE COST THIS YOUNG MUM $1.2 MILLION

I read an article this week that honestly made the hairs on the back of my neck stand up.

A young mum buying her first property was only moments away from transferring $1.2 million when a Westpac banker spotted something that didn't quite feel right.

Thankfully, the banker trusted her instincts because if she hadn't, that money could have disappeared forever.

The scary part?

The scam email looked almost identical to the genuine one.

The only difference was one extra letter in the email address.

That's it.

One tiny letter standing between settlement day and a financial disaster.

These Scams Are Getting Smarter

The young buyer received an email that appeared to come from her settlement agent, instructing her to transfer the funds required for settlement.

Everything looked legitimate.

The email was professional, convincing and timed perfectly.

But the banker noticed the wording was slightly different from previous emails and the urgency didn't quite make sense.

Instead of processing the payment immediately, she did what every professional should do. She stopped and checked.

What they discovered was frightening.

The settlement agent's email account had reportedly been compromised, allowing scammers to send incredibly convincing payment instructions directly to the buyer.

Imagine the stress.

You've found your first home.

You've signed the paperwork.

Settlement day is approaching.

Then someone steals every cent you've saved, plus the money you've borrowed from the bank.

It's heartbreaking to even think about.

I Cannot Stress This Enough

If you are buying or selling property, never transfer money based solely on an email.

Ever.

I don't care how genuine it looks.

I don't care whose name is on it.

I don't care if the email contains information that appears correct.

Pick up the phone.

Call the settlement agent.

Call your conveyancer.

Call your solicitor.

Call your bank.

Verify the bank account details before sending a single dollar.

A two-minute phone call could save your life savings.

Property Buyers Are Being Targeted

According to Westpac, these types of scams are becoming more common and more sophisticated.

Scammers know exactly when to strike.

They target buyers during contract and settlement periods when large amounts of money are changing hands and people are already overwhelmed with paperwork, deadlines and stress.

Unfortunately, they're getting very good at making fake communications look real.

That's why you've got to slow down.

Never rush a transfer because an email tells you to.

Never assume it's genuine because it looks professional.

And never feel embarrassed about double-checking.

Trust Your Gut

One of the things that stood out to me in this story was that the banker simply had a feeling something wasn't right.

The tone of the email felt different.

The request seemed unusual.

Something didn't add up.

In real estate, we rely on experience and instinct every day.

When something feels off, it usually is.

As my Mum used to say:

"If in doubt, check it out."

It's simple advice, but it could save you hundreds of thousands of dollars.

The Bottom Line

Buying a property is one of the biggest financial decisions most people will ever make.

Unfortunately, that also makes it attractive to scammers.

These criminals are clever, patient and becoming increasingly sophisticated.

So please, be careful.

Before transferring any money for a property transaction, make a phone call and verify the account details independently.

Because if a single extra letter can nearly cost someone $1.2 million, it can happen to anyone.

And I'd much rather see you spend two minutes checking than spend years trying to recover money that's gone forever.

Stay vigilant, ask questions and always verify before you transfer.

MAKE YOUR OWN DECISIONS & GIVE IT A REAL GO!!

SELLING MOSMAN PARK & THE WESTERN SUBURBS!!

KEEPING IT REAL IS OUR MOTTO!!

The Real Estate Industry Is Changing. Here's What It Means for You.

If 2026 has taught the real estate industry anything, it's that change is coming faster and from more directions than ever before.

One of the biggest changes we've seen this year was the introduction of Australia's new Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) reforms, which came into effect on 1 July 2026.

While it might sound like government jargon, the reality is that these changes affect everyone involved in property transactions, including buyers, sellers and real estate agents.

For real estate businesses, the reforms have required significant changes to systems, processes, training and compliance procedures, all while continuing to help clients achieve their property goals.

At Vivians Real Estate, we've spent a considerable amount of time this year understanding exactly what these changes mean in practice.

As I often say:

"You can design a process on paper, but the real test is how it works for your team and your customers once it goes live."

Like many agencies across Australia, we're continuing to fine-tune our processes to ensure we're meeting our obligations while still providing exceptional service to our clients.

More Changes Could Be On The Way

As agencies adapt to AML requirements, there are also several proposed reforms that could impact the industry further during late 2026 and into 2027.

Some of the changes currently being discussed include:

• Increased transparency around auction reserve prices.
• Earlier preparation of legal documentation.
• Potential changes to how deposits are handled.
• Proposed work-from-home rights and workplace reforms.

Individually, none of these changes may seem overwhelming. However, together they represent a broader shift in how real estate businesses may need to operate in the future.

Preparation Will Become More Important Than Ever

One of the biggest shifts we are likely to see is the need for preparation much earlier in the sales process.

Traditionally, real estate can move quickly. A property is listed, photography is booked, marketing is organised and the campaign is launched within days.

However, future compliance and legal requirements may mean that agencies need to complete more work before a property goes to market.

In simple terms, the industry may need to move from:

"List first, prepare second"

to

"Prepare first, then launch properly."

This means earlier conversations with sellers, stronger onboarding processes and closer collaboration between agents, conveyancers and solicitors.

While that may sound like more work upfront, it should ultimately lead to smoother transactions and fewer last-minute surprises.

Auction Campaigns May Continue To Evolve

Western Australia has traditionally not had the same auction culture as some eastern states.

However, proposed reforms around reserve price transparency could influence how buyers, sellers and agents approach auction campaigns in the future.

Some sellers may welcome greater transparency, while others may prefer alternative methods of sale.

At Vivians Real Estate, we've embraced the Openn Offers platform, which provides an online auction-style process that gives buyers and sellers visibility throughout the campaign.

I don't believe auctions will disappear. What may change is how conversations are managed around pricing expectations, buyer feedback and market conditions.

As agents, we'll need to continue providing clear communication and guidance so that sellers can make informed decisions throughout the sales process.

Why Is All This Happening?

It's important to understand that real estate agencies did not create these new AML requirements.

These reforms have been introduced by the Australian Government as part of a broader effort to combat money laundering, organised crime and financial misconduct.

While most people support the goal of reducing criminal activity, the reality is that implementing these measures comes at a significant cost for small businesses.

New compliance systems, staff training, technology upgrades and ongoing administration all represent additional expenses that many businesses are expected to absorb.

Like many industries, real estate is adapting to meet these requirements while continuing to provide professional service to clients.

What Does This Mean For Buyers And Sellers?

For most buyers and sellers, the process of buying or selling property won't change dramatically.

However, you may notice:

✅ More identity verification requirements.

✅ Additional documentation requests.

✅ Earlier conversations about legal and compliance matters.

✅ More detailed record-keeping throughout the transaction process.

These changes are designed to create greater transparency and protection within the property market.

The Bottom Line

The real estate industry is evolving, and agencies across Australia are working hard to keep pace with regulatory change.

At Vivians Real Estate, our focus remains the same as it has always been: helping our clients navigate the property market with confidence, professionalism and expert advice.

The rules may change, the paperwork may increase, and the processes may evolve, but our commitment to our clients remains unchanged.

Because at the end of the day, real estate is still about people, helping them make informed decisions and achieve the best possible outcome.

Have questions about the new AML requirements or how they may affect your property journey? We'd be happy to have a conversation.

MAKE YOUR OWN DECISIONS AND GIVE IT A REAL GO!!

SELLING MOSMAN PARK & THE WESTERN SUBURBS!!

KEEPING IT REAL IS OUR MOTTO!!

"EVERYONES WAITING FOR THE MARKET TO FALL...SO WHY ARE PROPERTIES STILL SELLING?"

Over the last 4 to 5 weeks, one thing has been consistent: buyers keep telling us they're going to "wait for the market to come down."

But here's the reality...

The market isn't showing signs of a significant drop.

July delivered 8 sales and 8 new listings for us. And we're already off to a strong start in August with 4 sales on the board. Are we seeing the unbelievable, pre-budget prices? No. But we're still achieving healthy prices and getting properties sold.

According to REIWA, Perth recorded 762 sales last week:

• 570 houses
• 122 units
• 70 land sales

At the same time, there are only 6,852 properties currently for sale across Perth:

• 4,707 houses
• 1,562 units
• 583 blocks of land

The average sale price across Perth is sitting around $950,000, with two-bedroom homes averaging $900,000.

What's even more interesting is that sales transactions increased by 3.8% last week, with REIWA members reporting 773 transactions.

What Are We Seeing On The Ground?

To be honest, we're often seeing the market move before the statistics catch up. REIWA data is fantastic, but it naturally takes time for information to filter through. We're dealing with buyers and sellers in real time, every day.

Here's what we're seeing:

✅ Buyers are definitely becoming more cautious.

✅ They're taking longer to make decisions.

✅ They're researching more.

✅ But the savvy buyers? They're still buying.

In fact, some of the smartest buyers are quietly securing property while others sit on the sidelines waiting for a correction that hasn't arrived.

The Under $2 Million Market Is Still Strong

Properties under $2 million continue to perform well.

The higher end of the market has slowed a little, but quality homes are still selling, generally within a couple of months if they're priced correctly.

For Buyers Who Need an Edge

Many buyers simply don't have the time to search, inspect, negotiate and secure property themselves.

That's where our Buyer's Agent Service comes in.

You pay us to work exclusively for you, helping you find and secure the right property while avoiding costly mistakes.

What we can't do is act as both the selling agent and the buyer's agent on the same property. Our sellers pay us to represent their interests, and that's exactly what we do.

The Bottom Line

Every week we're hearing buyers say they're waiting for prices to fall.

Yet properties are still selling.

Good properties are still attracting attention.

And buyers who are prepared to act are still getting deals done.

My job isn't to tell you what you should do.

My job is to tell you what's happening in the market right now.

What you do with that information is entirely up to you.

The market doesn't wait for certainty. The question is... are you waiting for a downturn that may never come? 🏡📈

MAKE YOUR OWN DECISIONS AND GIVE IT A REAL GO!!

SELLING MOSMAN PARK AND THE WESTERN SUBURBS!

KEEPING IT REAL IS OUR MOTTO!! 

PRIVATE LANDLORD FINED

 Consumer Protection announced on Wednesday (12th August) that a Jane Brook private landlord had been fined $3,300 and ordered to pay the costs of $2,606 after being convicted of breaching the Residential Tenancies Act.

The Perth Magistrates Court heard the landlord received a $2,200 security bond in December 2023 but failed to lodge it with the Bond Administrator within the required 14 days.

At the time of sentencing, more than 900 days had passed and the bond had still not been lodged.

REIWA President Suzanne Brown said the case highlighted the significant responsibilities property investors take on when choosing to manage a rental property themselves.

“Private landlords take on the full responsibility of complying with WA’s tenancy laws when they choose to manage a property themselves, and those laws have changed significantly in recent years,” she said.

“We’ve seen reforms covering rent increases, pets, minor modifications and tenancy processes, and landlords need to understand not only what the law requires, but how those requirements apply throughout a tenancy.

“With further reforms expected over the next 12 months, that responsibility is only becoming more complex.

“There can be significant consequences when obligations aren’t understood or followed, as this case demonstrates.”

Ms Brown said the increasingly complex regulatory environment highlighted the value of professional property management.

“Keeping up with legislative and regulatory change is part of a professional property manager’s job,” she said.

“It requires knowledge, judgement, strong systems and ongoing professional development. Property management is a skilled profession, and that expertise helps protect the interests of both property investors and tenants.

“REIWA members are supported with ongoing training, legislative and regulatory updates, professional resources and practical guidance to help them stay across changes and apply them in their day-to-day work.

“For property investors, choosing a REIWA member means having a professional in their corner who is connected to the state’s peak real estate body and supported to maintain high professional standards.”

Commissioner for Consumer Protection Trish Blake said private landlords had a legal obligation to properly lodge tenants’ bond money and could not treat those funds as their own.

“A security bond is often one of the largest upfront costs a tenant faces when securing a rental property, which is why the law requires those funds to be protected through the Bond Administrator,” Ms Blake said.

There is a reason why there is a Property Management Course and regular updates as they are changing the game all the time and being a private landlord these days can be quite tricky. Sticking your head in the sand won't cut it these days and with the tenants knowing all their legal rights if you don't do the right thing your done for.

If you are considering doing your own rentals please do the PM course at least !!  Call us if you need any help with long term rentals and of course we do short term (air bnb) now and have done that successfully for over a year.

MAKE YOUR DECISIONS AND GIVE IT A REAL GO!!

SELLING MOSMAN PARK & THE WESTERN SUBURBS!!

KEEPING IT REAL IS OUR MOTTO!!