At Blackburne, we’re committed to keeping our landlords and tenants informed about changes that affect the rental market in Western Australia.

Recent updates to WA tenancy laws introduce several important reforms designed to create a fairer and more transparent rental system. These changes impact how rent increases are managed, tenant rights around pets and minor modifications, and the overall renting process.

We encourage our clients to stay informed and understand how these reforms may affect their tenancy or investment property.

What Is Changing with the WA Bond Release Process? 

The new streamlined bond release process will be simpler and will help reduce the number of disputes going to court.
Key changes to the bond release include:

• Any tenant, landlord or agent can apply for the release of the bond
• Landlords must explain their claims under specific categories if they want to make a claim against the bond
• Bonds Administration will notify everyone else on the bond about the application and give them a chance to agree to or dispute the application
• The bond will be paid out as requested in the application if everyone agrees
• Residential tenancy bond release applications will be referred for a Commissioner Determination if they are disputed or no response is received (within the specified timeframe)
• The Commissioner will decide on how the bond will be paid out. Both sides will have had a chance to provide information and evidence
• Appeals can be made if you are not happy with the Commissioner’s decision. You have seven days to appeal to the Magistrates Court.

Landlords can still claim for property damage or unpaid rent under the new claim categories. However, you’ll need to document your claims clearly against the prescribed categories. Our Perth property managers can help ensure your end-of-tenancy processes and condition reports are in order ahead of these changes. 

What Are the New Pet Bond Rules for Residential Tenancies?

The maximum amount for a pet bond will go up to $350.

• Landlords must lodge the pet bond with the Bond Administrator
• The pet bond can be used for damage caused by the pet, rather than only for fumigation
• If the tenant gets a pet after the tenancy begins, the landlord can request the tenant pay a pet bond when the:
  • request for a pet is approved
  • next rent increase is due (12-monthly).

The expanded scope of pet bond claims is a practical improvement which you’re no longer limited to fumigation costs if a pet causes damage. Ensure your property condition reports document the state of the property before any pet is permitted. For properties currently available for lease, review your lease templates to ensure they reflect the updated pet bond provisions

What Are the Timeframes for Responding to Pet or Minor Modification Requests?

Landlords have 14 days to respond to the tenant and, if needed, apply to the Commissioner to :

• refuse a tenant’s request
• impose conditions on the tenant’s request.

The tenant’s request is automatically approved without conditions if the landlord does not respond to the request and, if needed, apply to the Commissioner within the 14 day timeframe.

Can a Landlord Refuse a Pet Request Under the New Rules?

Requests for a pet can now be refused if the landlord can demonstrate that allowing the pet will cause undue hardship to another tenant.

• Example 1: A co-tenant has a severe fear of snakes
• Example 2: A co-tenant is a shift worker and would be adversely impacted by a loud parrot.

What Happens to Bond Money When a Tenant Dies Without a Will? 

New provisions to assist the release of the bond where a tenant has died and there is no will or Authority to Act.

• After six months of the tenancy ending, the bond will become unclaimed.
• Unclaimed bonds which are not in dispute can be released by:
  • Next of kin
  • Person who paid the funeral expenses e.g. person or next of kin.  Tenants in these circumstances should contact Bonds Administration for more information on what they will need to provide to release a bond.

If you’re unsure how this affects your lease or investment property, feel free to reach out — we’re happy to guide you through it!

You can also access information via Consumer Protection WA.