Reef's Law - Tenants now allowed to fix furniture to walls without Landlord permission

Reef’s Law: WA Tenants Now Allowed To Affix Furniture To Walls Without Landlord Permission

The legislation commonly known “Reef’s Law” has been passed today by Western Australia’s parliament. This legislation now allows tenants to be able to affix furniture to the walls of a rental property, following the death of Perth toddler, Reef Kite, who was crushed by a chest of drawers.

The Consumer Protection Legislation Amendment Bill 2018 amends the Residential Tenancies Act and means landlords must allow tenants, who submit a request form, to attach furniture to a wall to prevent a child, or a person with a disability, from being hurt or killed.  Owners can only refuse the form request in very limited circumstances, such as when the home is heritage-listed or if the walls contain asbestos.

Tenants who attach furniture to walls will have to repair the wall at the end of the tenancy agreement.

These important changes come after the tragic death of 21-month-old Reef Kite who was killed by a falling chest of drawers at his family’s rental home in 2015. An inquest heard the furniture had not been secured to the wall because permission was not granted.

An excerpt from an ABC article provides further context:
Reef Kite’s Mum had purchased the drawers a few months earlier, but her landlord had not granted permission for it to be secured to a wall. A coronial inquiry found there was no evidence of criminal wrongdoing but recommended changes to the law, so tenants could not be prevented from securing furniture to a wall in the interest of child safety.

The child’s mother was quoted as saying: “Pool fencing is a requirement, RCD protectors are a requirement, this law should be a requirement in the Tenancy Act. I hope this makes landlords realise that a child’s life is much more important than a couple of holes in a wall that can be patched up.”

Amending tenancy law, in light of Reef’s preventable death, was a recommendation of the Western Australian Coroner’s report, delivered in November 2017.

Acting Commerce and Industrial Relations Minister Fran Logan said the legislation was a no-brainer. “The simple act of being able to secure furniture to the wall, the simple act of being able to secure a large TV to the wall and the small damage it might make to a landlord’s home is a very little price to pay in order to protect a child’s life,” he said.

Comments attributed to Commerce Minister John Quigley:

“As well as the tragic death of Reef Kite who was killed by a chest of drawers falling on him in a rental home in Perth, toppling furniture has resulted in the deaths of at least 22 young children across Australia since 2001.

“Many other children have suffered brain injuries or broken bones.

“The simple action of anchoring furniture can save the life of a child or a person with a disability, and a wall can usually be repaired with ease by filling holes and repainting.

“I’m pleased the McGowan Government has been able to get these common-sense changes through Parliament to prevent injury and death in WA rental homes in future.

“It’s a bonus that this Bill sees outdated components in a range of Acts administered by Consumer Protection updated in ways that reduce red tape and make improvements for business and in the community.”

Peter Bruhn & Associates already have a ‘Hooks and Fixtures’ Annexure in place which forms part of the lease agreement signed by Tenants.  When a Tenants is granted permission to install hooks or screws into the walls of a rental property they must sign the Annexure which outlines their obligations to return the wall back to its original condition when they vacate the property.

The Agency will continue to use this Annexure moving forward to ensure the Tenant returns the walls back to their original condition.  We hope that this new law keeps more children safe which is the purpose of introducing the law.  If you have any questions please do not hesitate to contact our team.  The PB&A team will complete relevant training to adequately support all parties who are affected by the new law.

Source: https://www.abc.net.au/news/2018-10-07/toddler-crushed-by-drawers-inspires-new-bill-for-rentals/10348590?inf_contact_key=242a2950633bbd3178fa758ac559557809c74070ac2bf3cfa7869e3cfd4ff832