- Tenancy bond reforms to streamline process for renters and owners
- Anyone listed on the bond can now start the bond release application, including tenants
- Free dispute resolution for tenancy bonds now available at Consumer Protection
- Cook Government committed to helping all Western Australians having the security a home provides
Major reforms to the residential tenancy bond release process have come into effect to deliver a simpler and fairer system for tenants, landlords, and property managers, while reducing the need for disputes to be heard in court.
Under the Cook Government's residential tenancies reforms, any tenant, landlord, or agent can now apply for a bond release after the final inspection and property condition report are complete. Previously, only the landlord or property manager could start the process.
About 4,500 tenancy matters are heard in Magistrates Courts in Western Australia every year.
The reforms also mean if a dispute arises over how the bond is to be paid out, neither the tenant nor landlord will need to attend court to resolve the matter in most cases.
Instead, these decisions will be made independently by the Commissioner for Consumer Protection, saving people time and the cost involved in attending court or having a property manager attend on behalf of a landlord.
The Commissioner will make a decision only after everyone on the bond has had the opportunity to provide information and evidence to support their claim, such as property condition reports, invoices, or photographs.
Once a determination is made, the bond will be paid out accordingly. Parties who are dissatisfied with the Commissioner's decision may lodge an appeal with the Magistrates Court within seven days.
An expanded team at Consumer Protection will make decisions on bond disputes on behalf of the Commissioner with costs expected to be offset by savings in not taking matters to court.
This free dispute-resolution process is available where all parties to the tenancy live in WA. If any party lives outside of WA, the matter will need to be resolved by a magistrate
These changes create a single, end-to-end bond release process that is more efficient and easier to navigate. Landlords can still make claims for specific, defined reasons such as property damage, unpaid rent, cleaning, garden maintenance, lost keys, or other financial losses caused by the tenant.
Conciliation services remain available for all other rental-related issues.
Further information about the new tenancy bond release process is available on the Consumer Protection website: www.consumerprotection.wa.gov.au/bondrelease
As stated by Commerce Minister Dr Tony Buti:
"These reforms make the bond release process simpler and far less stressful for both tenants and landlords.
"For the first time, tenants themselves can apply to have their bond released, giving them the same opportunity as a landlord to start the bond release when a tenancy ends.
"By introducing Commissioner determinations for bond disputes, we are reducing the number of matters that end up in the Magistrates Court, saving Western Australians and the court system time, money, and unnecessary pressure.
"We will do everything we can to reduce cost-of-living pressures on Western Australians so if they are owed money, they get it returned as quickly as possible."
