WA Strata and Rooming Accommodation Rental Minimum Standards

Renting out a strata unit or a room in a shared dwelling adds a layer of complexity to WA minimum standards compliance. The Residential Tenancies Act 1987 applies to private residential tenancies, including strata units, while shared infrastructure, strata by-laws, and different tenure arrangements change how you meet those obligations in practice.

Strata Rentals: Full RTA Compliance Plus By-Laws

Strata-titled units — apartments, townhouses, and villas under a strata scheme — fall within the Residential Tenancies Act. The same core standards apply as to a standalone house, including dual RCDs, mains-powered smoke alarms, prescribed security locks, and the pre-tenancy disclosure sequence, subject to specific exemptions for some shared infrastructure.

The practical complication is shared infrastructure. Where a strata scheme is responsible for common property — such as entry lighting in a shared stairwell, external security gates, or communal pool barriers — the lessor must coordinate with the strata body. Specific exemptions apply to some prescribed standards. The strata body manages and maintains common areas.

For example, the minimum external-lighting requirement does not apply when that lighting is the strata body's responsibility. If it is not, the lessor must meet the requirement under Schedule 4 of the Residential Tenancies Regulations 1989.

Overlapping Obligations: Strata By-Laws and the RTA

Strata by-laws can impose additional obligations beyond the RTA's minimum standards. Common examples:

• Pet restrictions: While the Phase One reforms give tenants a statutory right to request pet approval, a strata by-law that prohibits pets or requires Council of Owners approval can be a ground for refusing a request without Commissioner approval.
• Modifications: Strata by-laws typically require body corporate approval for any changes to external appearance — your tenant's minor modification right doesn't override the need for strata consent where the by-laws require it.
• Noise and use restrictions: By-laws about hours of operation, balcony use, or parking affect your tenancy agreement but aren't part of the RTA's minimum standards.

As the lessor, you must comply with both the RTA and applicable strata by-laws. Give the tenant a copy of any applicable strata or community titles by-laws with the tenancy paperwork.

Room Rentals: Classify the Arrangement First

Renting a room in a shared house does not by itself determine whether the arrangement is a residential tenancy. A tenant or sub-tenant may be covered by the Residential Tenancies Act 1987; boarders and lodgers are generally excluded. Classification depends on the arrangement, including whether the landlord lives there, provides services, and controls access to the room.

For tenants who rent individual rooms, common areas are shared between occupants. Boarders and lodgers are treated differently because their landlord may live in the home and retain control over their room or shared spaces.

For an RTA tenancy:

• RCDs and smoke alarms: The rental property must meet the prescribed RCD and smoke-alarm standards; these requirements are not limited to the room being rented.
• Security: External doors and windows must meet Schedule 4 standards where they apply. Provide each tenant named on the agreement a key or access device for the main entry and security locks.
• Habitability: Maintain the rented premises in a reasonable state of repair and fit for human habitation under section 42 of the RTA, including shared facilities that form part of the rental premises.

Excluded Tenure Types

Not all shared living arrangements fall under the Residential Tenancies Act. Boarders and lodgers are generally excluded; whether a person renting a room is a tenant or a boarder/lodger depends on the arrangement, including who lives there and who controls the room. Holiday accommodation for periods under three months is also excluded, as are residents of residential parks covered by the Residential Parks (Long-stay Tenants) Act 2006.

If you're unsure whether your arrangement is a tenancy, a boarding arrangement, or something else, the classification determines which legal framework applies. Consumer Protection (LGIRS) can advise on the correct categorisation through their general information line (1300 304 054).

Practical Steps for Strata and Rooming Landlords

For strata: obtain a copy of the current by-laws from your strata body, identify which common-area responsibilities fall to the scheme versus you, and give the tenant a copy with the tenancy paperwork. Include any agreed strata-specific restrictions in the Form 1AA tenancy agreement.

For room rentals: first classify each arrangement as a tenancy or boarding/lodging arrangement. For an RTA tenancy, ensure the rental premises meet applicable standards and provide the tenant keys or access devices required for the main entry and security locks.

Our WA Rental Minimum Standards compliance guide covers the full compliance workflow for all property types — including the specific adjustments for strata units and shared dwellings where standard processes need adapting.

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