West’s bond reform for when rental agreements go south
A reform Western Australia’s tenancy bonds process means renters will no longer have to go to court to get their bond back if the landlord withhold payment.
SATURDAY, March 28 marked the start of Western Australia’s new tenancy bond release and dispute process.
It’s the final phase of reforms to the Residential Tenancies Act announced in May 2023.
They mean tenants won’t have to go to court to get their bond back if a landlord withholds the money.
After moving out, and a final inspection, the tenant, landlord or property manager agree on a split, with refunds handled by the Bond Administrator.
If there’s a dispute, the matter may be referred for Commissioner Determination.
The Real Estate Institute of WA said it hopes the new process would lead to a speedy resolution of disputes.
“Previously, disputes… had to go through the Magistrates Court, which could be a very lengthy process,” REIWA President Suzanne Brown said. “The outcomes also varied.”
“Now, in most cases, the dispute will be reviewed via the Commissioner determination process, and this should help tenants get their bond returned in a timelier manner.
“Of course, this is dependent on the Department of Local Government, Industry Regulation and Safety’s Consumer Protection division being resourced sufficiently.
“We also believe the Commissioner determination process will lead to greater consistency in dispute resolutions, which is a good outcome for all.”
Unlike those made by the courts, decisions regarding bond disputes will be published on the Consumer Protection website, providing consistent guidance for industry and the community.
Ms Brown cautioned tenants against applying for the bond as soon as they moved out of the property.
“While it might be tempting, it will not speed up the release of the bond,” she said.
“There are processes to be followed, such as the final inspection and property condition report.
“It is in the best interests of all parties that any issues be discussed and addressed, or an outcome negotiated, before an application is made. This will be the fastest way to get the bond released.”
As a final part of the changes, the pet bond will be increased from $260 to $350 and will be usable for more than just fumigation.
