For many tenants, making a rental property feel like home can involve small changes – hanging pictures, installing child safety devices, improving security or making simple water-saving upgrades. In Western Australia, tenants can make certain changes known as minor modifications, but there is an important process to follow before any work begins.
Understanding the Minor Modification process helps tenants know their rights and responsibilities, while giving landlords and property owners confidence that proposed changes are properly documented and the property remains well maintained.
A minor modification is a small change that helps a tenant personalise or improve their rental home. Under Western Australia's residential tenancy legislation, tenants must seek the landlord's permission before carrying out a minor modification by completing Form 26 – Minor Modification Request.
Examples of minor modifications can include:
Some modifications, such as lever-style taps, phone or internet connections, painting, non-permanent window film and hard-wired security lights, alarms or cameras, may also be considered minor modifications but can require the work to be completed by a suitably qualified tradesperson.
The most important thing for tenants to remember is do not carry out the modification first and ask for approval afterwards.
Form 26 provides a formal record of what the tenant is requesting and gives the landlord or property manager the information needed to make an informed decision. Tenants should provide as much detail as possible about the proposed modification, keep a copy of the completed form and retain evidence of how and when it was provided.
Written approval also protects both parties. It creates a clear record of what was agreed, including any conditions that may apply, and can help prevent misunderstandings or disputes later in the tenancy.
Once the landlord receives Form 26, they have 14 days, starting from the day after the request is received, to respond in writing.
The landlord can:
If the landlord does not respond within the 14-day period, the request is generally automatically approved. However, tenants should still ensure the proposed modification is legally permitted and consider whether other laws, strata rules or property-specific restrictions apply.
For certain refusals or conditions, the landlord may need to apply to the Commissioner for Consumer Protection for approval. Tenants can also apply to the Commissioner if they believe a refusal or condition is not permitted or is unreasonable.
Approval to make a minor modification does not mean the tenant can simply make the change and leave it for the next occupant.
Generally, the tenant is responsible for:
For example, if a tenant installs picture hooks and later removes them, they may need to fill holes and restore the wall as required.
Tenants should therefore consider the cost of both installing and removing a modification before proceeding.
For landlords and property owners, a minor modification request should be considered reasonably and in accordance with the requirements of the Residential Tenancies Act.
Owners should consider factors such as:
It is important that owners and property managers avoid imposing unnecessary or excessive conditions. Recent Commissioner decisions demonstrate that conditions need to be reasonable and supported by the circumstances of the particular request.
Minor modifications can also allow tenants to make practical improvements to their home, including certain security and child-safety measures.
Examples include child safety locks, window safety devices, flyscreens, gate or letterbox locks and certain security systems. Some security-related changes have specific rules, particularly modifications relating to family and domestic violence, so tenants should check which provisions and forms apply to their circumstances.
Whether you are a tenant or a property owner, keeping clear written records is one of the simplest ways to avoid disputes.
Tenants should keep:
Owners and property managers should also retain the request, decision and supporting documentation as part of the property's tenancy records.
Minor modifications provide tenants with a practical way to personalise and improve their rental home while maintaining appropriate protections for property owners.
The process is straightforward: request permission using Form 26 before carrying out the work, wait for the required response, and keep a written record of the agreement and any conditions.
For owners, responding within the required timeframe and ensuring any conditions or refusals comply with the legislation is equally important.
Taking the time to follow the correct process can help protect the property, clarify everyone's responsibilities and reduce the potential for disputes when the tenancy comes to an end.
For the current Form 26 – Minor Modification Request and detailed information about minor modifications in Western Australian rental properties, visit Consumer Protection WA – Minor Modification Request Form 26.
This article provides general information only and should not be considered legal advice. Residential tenancy requirements can change, so tenants and property owners should refer to Consumer Protection WA for the most current information.
Get in touch with our experienced property management team today on 08 9592 8188 to discuss your rental property or learn more about how we can help make managing your tenancy easier.