WA New bonds release and dispute process starts 28 March 2026
Consumer Protection has announced the new bond release and dispute process will commence on 28 March 2026. This is the final phase of the reforms to the Residential Tenancies Act announced in May 2023.
The new bond release process will allow property managers, landlords and tenants to apply for the release of the bond at the end of the tenancy.
Before an application for the bond is made, the property manager will need to conduct the final inspection and the outgoing property condition report (PCR) should be provided to the tenant. The property manager/landlord and tenant will then discuss any issues and negotiate an outcome.
If both parties are happy, either can apply for the release of the bond. The other party will be notified for confirmation. Tenants have been advised to wait for the above steps to be completed before applying for the bond.
If the parties cannot agree on how the bond will be disbursed, a claim will go through the new Commissioner determination process. Both parties will have a chance to present evidence to support their claim, or in response to a claim.
This flow chart will help guide you through the new processes.
You can also view a recording of the webinar recently held by Consumer Protection and read their Frequently Asked Questions. A set of guidelines regarding bond disputes is expected to be published on the Consumer Protection website soon.
As a final part of the change to bonds, the pet bond will be increased from $260 to $350 and will be able to be used for more than fumigation.
REIWA has updated the following forms to align with the changes to legislation:
- 303 – Residential Tenancy Agreement
- 310A – Information for Tenant
These will be available on REI Forms on 28 March 2026, when the legislation comes into effect.
REIWA welcomes the changes to the bond release and dispute process. In most cases, the Commissioner determination process will prevent the need to go to court, potentially saving time for property managers. Of course, this is dependent on the Department of Local Government, Industry Regulation and Safety’s Consumer Protection division being resourced sufficiently.
As bond disputes are held in different courts and in front of a range of magistrates, the outcomes can vary. We expect the Commissioner determination process to lead to greater consistency in dispute resolution. And unlike decisions made by the courts, decisions regarding bond disputes will be published on the Consumer Protection website, providing consistent guidance for industry and the community.
If you have any questions about these new processes, please contact your Member Engagement Representative.
Source: https://reiwa.com.au/news/reiwa-welcomes-new-bond-release-and-disposal-process/
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