Residential tenancy law in Western Australia

• Residential Tenancies Act 1987 (WA) (WA)

  The main Act regulating the relationship between lessors and tenants under residential tenancy agreements. It covers bonds (s 29), rent increases (s 30), excessive rent (s 32), urgent repairs (s 43), pets and modifications, notices of termination, family violence protections and the jurisdiction of the Magistrates Court and the Commissioner.

• Residential Tenancies Amendment Act 2024 (WA) (WA)

  The reform Act passed in April 2024. It banned soliciting rent bidding, added protection against retaliatory action, limited rent increases to once every 12 months, gave tenants rights to keep pets and make minor modifications, gave the Commissioner for Consumer Protection power to decide those disputes, and introduced the bond release process that began on 28 March 2026.

• Residential Tenancies Regulations 1989 (WA) (WA)

  Set prescribed amounts under the Act, including the $1,200 weekly rent above which the four-week bond cap does not apply (reg 11) and the $350 maximum pet bond for a residential tenancy (reg 10A).

• Magistrates Court (Civil Proceedings) Act 2004 (WA) (WA)

  Sets out the minor case procedure used for residential tenancy claims of up to $10,000. In a minor case, a party generally cannot be represented without the Court's leave, and a successful party usually recovers only court and service fees (ss 30 and 31). For tenancy cases, s 22 of the Residential Tenancies Act 1987 also lets a party be represented by an authorised not-for-profit advocate or the property manager.

• Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law) (CTH)

  Applies to misleading or deceptive conduct by agents in trade or commerce, which can be relevant where a property was advertised inaccurately.

• Magistrates Court of Western Australia

  Hears residential tenancy disputes, with exclusive jurisdiction over claims of up to $10,000, which are heard as minor cases. This includes termination and possession, unpaid rent, compensation, repair orders, excessive rent and retaliatory action. It also hears appeals against Commissioner decisions, which must be started within 7 days.

• Commissioner for Consumer Protection

  Decides disputed residential tenancy bond releases (since 28 March 2026) and pet and minor modification disputes, based on written information from both sides. Decisions may be published, and either side can appeal to the Magistrates Court within 7 days after notice of the decision is given.

• Bond Administrator

  Bonds Administration holds every residential tenancy bond and pet bond in Western Australia. Bonds must be lodged within 14 days of being paid, and are released when everyone agrees, on a Commissioner decision, or on a court or tribunal order.

• Consumer Protection (LGIRS)

  Regulator for renting in WA: guidance, approved forms, a free conciliation service, the Contact Centre on 1300 30 40 54, and enforcement action for breaches of the Act.

• State Administrative Tribunal of Western Australia

  Hears disputes about long-stay agreements in residential parks under the Residential Parks (Long-stay Tenants) Act 2006, including residential park bond disputes, rather than ordinary residential tenancy disputes.

1. 01Starting the tenancy

   You sign the residential tenancy agreement and pay any bond, which the lessor or agent must lodge with Bonds Administration within 14 days. The landlord must give you two copies of the property condition report within seven days of moving in; you check and amend them and return one copy within seven days of receiving it. Take dated photographs at the same time.

   Typical timeframe: 1-2 weeks

2. 02During the tenancy

   Rent is paid as agreed. The lessor must keep the premises in a reasonable state of repair and give proper notice before entering. You can ask to keep a pet (Form 25) or make a minor modification (Form 26). The landlord has 14 days, starting the day after receiving the form, to respond and, where needed, apply to the Commissioner. If they do neither, the request is taken to be approved without conditions, unless a law or strata by-law prevents it.

   Typical timeframe: Ongoing

3. 03Breach notices

   For unpaid rent, the lessor can give a Form 21 breach notice allowing 14 days to pay; if the rent is still unpaid, a Form 1A notice of termination gives at least 7 days to leave. The lessor can instead give a Form 1B notice of termination straight away, but you do not have to move out if you pay all the rent owing or keep to a repayment plan agreed with the landlord. For other breaches, a Form 20 breach notice gives 14 days to fix the problem, followed by a Form 1C notice giving at least 7 days.

   Typical timeframe: 14 days to remedy, then 7 days to leave

4. 04Notice of termination

   A Form 1C notice of termination is used for most terminations by the lessor. Without grounds, the notice is at least 60 days for a periodic agreement, or at least 30 days before the end date of a fixed term. Where the home has been sold and the contract requires vacant possession, a periodic agreement can be ended with at least 30 days' notice. A tenant ends a periodic agreement with at least 21 days' notice, or a fixed term with at least 30 days' notice before the end date.

   Typical timeframe: 7 to 60 days

5. 05Conciliation or Commissioner determination

   Consumer Protection offers a free conciliation service for many disputes. A residential tenancy bond release that is disputed, or where someone does not respond in time, is referred to the Commissioner, and everyone is invited to make a submission with evidence, usually within 10 days. Pet and minor modification disputes are also decided by the Commissioner on the written information from both sides.

   Typical timeframe: 10 days to make a submission, then a written decision

6. 06Magistrates Court application

   If the tenant does not leave by the date in a valid notice, the lessor can apply to the Magistrates Court, within 30 days after that date, for an order terminating the agreement and granting possession. Tenants can apply, usually on Form 12, for repair orders, compensation, a rent reduction, an order that the rent is excessive, or relief from retaliatory action.

   Typical timeframe: Hearing date usually within about 14 days of applying

7. 07Orders and enforcement

   The Court can order termination and possession, payment of money, repairs, a rent reduction or compensation, and in some cases that rent be paid into Court until the landlord complies. A possession order takes effect within 7 days, but the Court can suspend it for up to 30 days because of hardship, unless the home is the lessor's principal place of residence. If the tenant still does not leave, a property (seizure and delivery) order allows a bailiff to take possession.

   Typical timeframe: Within 7 days of the order, or up to 30 days if suspended

Western Australia keeps most renting disputes low-cost. Consumer Protection's conciliation service is free, and disputed bond releases and pet and modification disputes go to the Commissioner for Consumer Protection rather than to court. For a residential tenancy application to the Magistrates Court (a claim of up to $10,000), the filing fee from 1 July 2026 is $86.00, or $23.70 for a financially disadvantaged person, and no hearing fees apply. An appeal against a Commissioner decision also attracts a filing fee. You can apply to have a court fee reduced because of financial hardship. Tenancy claims of up to $10,000 are heard as minor cases: lawyers can appear only in limited cases, and a successful party usually recovers only court and service fees, not lawyers' costs, so most tenants and small landlords appear themselves. Circle Green Community Legal and other community legal centres give free or low-cost legal help to renters. Legal Aid WA publishes information but does not give legal help with residential tenancy matters. Consumer Protection also lists support services for people struggling to keep a private rental.