WA Rental Reforms: What you need to know about the recent bond changes
Major changes to Western Australia’s rental laws are now in effect, bringing a more balanced and efficient approach to the bond release process. The aim of this change is to reduce the need to apply to the Magistrates Court for bond disputes.
A More Accessible Bond Release Process
One of the most significant updates is that the bond release process is no longer controlled solely by landlords or property managers. Tenants, landlords, or agents can now initiate the process themselves. This change ensures that all parties have equal ability to move things forward at the end of a tenancy, reducing delays and improving fairness.
At the conclusion of a lease, landlords or agents will still conduct a final inspection and provide a property condition report. Ideally, both parties will agree on how the bond should be distributed. However, when disagreements arise, a new dispute resolution pathway is now available.
A Structured Dispute Resolution Process
If any party disputes a bond release application, or fails to respond, the application is automatically referred to the Commissioner for Consumer Protection for determination. All parties will receive formal notification from Bonds Administration confirming the referral.
An “Invitation to Make a Submission about a Bond Release Application” will then be issued. This outlines how much each party believes they should receive and invites supporting evidence. The notice includes a summary of the application, instructions on how to respond, and a 10-day timeframe to provide submissions.
Evidence can include lease agreements, property condition reports, photos, invoices, receipts, or any other material that supports a claim. The Commissioner’s Guidelines also outline the types of evidence expected for common claims. If needed, parties can request additional time to gather and submit information.
How Decisions Are Made
The Commissioner will assess all submissions and evidence before making a determination. This includes deciding whether a landlord is entitled to any portion of the bond, calculating what remains for the tenant, and determining how funds should be divided if multiple tenants are involved.
All claims must be supported by evidence, and further information may be requested if required. Once a decision is reached, all parties will receive a written notice outlining how the bond will be distributed and the reasons behind the decision.
The bond will then be held for seven days before payment is made, allowing time for any party to appeal.
Appeals and Limitations
If a party disagrees with the decision, they have seven days to lodge an appeal with the Magistrates Court. Proof of the appeal must be promptly provided to Bonds Administration to prevent the bond from being released.
There are some situations where the Commissioner may be unable to make a decision. These include cases where the dispute exceeds the bond amount, where there is already a court matter underway, where insufficient information is provided, or where the bond is no longer held by Bonds Administration.
Additionally, if all parties are individuals and at least one resides interstate, the matter must be handled by the Magistrates Court. However, the Commissioner can still make determinations on non-bond matters in these cases.
Updates to Pet Bonds
The reforms also include changes to pet bonds, with the maximum amount increasing to $350 (previously it was $260). Importantly, landlords can only request this additional amount at the time of the next rent increase—not mid-lease.
Decisions on Pets and Minor Modifications
In addition to the recent addition of bond disputes, the Commissioner for Consumer Protection already has the authority to make determinations on other tenancy matters, including pet requests and minor property modifications. If a tenant seeks approval to keep a pet or make small changes to the property—such as installing fixtures or safety features—and the landlord refuses or places conditions on that request, the matter can be referred to the Commissioner. This provides a clearer and more accessible pathway for resolving these common issues, ensuring decisions are made fairly and in line with the updated legislation.
A Simpler, Fairer System
Overall, these reforms are designed to modernise WA’s rental system and create a smoother experience for everyone involved. By improving access, reducing reliance on courts, and introducing clearer processes, the changes mark a positive step toward a more efficient and equitable tenancy framework.
For both tenants and landlords, understanding these updates will be key to navigating rental agreements with greater confidence and clarity.
With any new process there will be some teething issues. Please be patient while this process is being introduced, and if you have any queries please reach out to your Property Manager. In the meantime, refer to the attached Bond Disposal Workflow.
