This guide is general information only and does not constitute legal advice. Tenancy legislation changes regularly. Consult a qualified professional or your state tenancy authority for advice specific to your situation.
Overview
Western Australia's residential tenancy framework is governed by the Residential Tenancies Act 1987 (the Act). While the Act has been amended over the years, it remains one of the older pieces of tenancy legislation in Australia. A significant reform process has been underway, with the Residential Tenancies Legislation Amendment (Family Violence) Act 2019 and subsequent amendments introducing important changes.
Consumer Protection (part of the Department of Mines, Industry Regulation and Safety) administers the Act, provides information, and operates the bond administration service. The Magistrates Court handles formal tenancy disputes in WA, rather than a dedicated tribunal as in most other states.
If you are self-managing a rental property in Western Australia, you need to be aware that some rules differ significantly from the eastern states, particularly around bond administration, entry notice periods, and the dispute resolution process.
Your Obligations as a Landlord
Property Condition
You must provide the property in a reasonable state of cleanliness and repair at the start of the tenancy. This includes ensuring all facilities, fixtures, and fittings are in working order.
Throughout the tenancy, you are responsible for maintaining the property in a reasonable state of repair, considering its age and character.
Repairs
- Urgent repairs must be carried out as soon as practicable. Urgent repairs include burst water services, gas leaks, dangerous electrical faults, flooding, blocked or broken toilets (if there is only one), serious roof leaks, failure of essential services (hot water, cooking, heating), and any fault or damage that makes the property unsafe or insecure. If the landlord cannot be contacted or fails to arrange repairs promptly, the tenant can arrange urgent repairs up to a prescribed amount and seek reimbursement.
- Non-urgent repairs: the tenant should notify you in writing, and you must carry out the repairs within a reasonable time. The Act does not specify a fixed number of days, but unreasonable delay can lead to a Magistrates Court order.
Safety Compliance
- Smoke alarms must be installed and maintained in accordance with the Building Code of Australia. As the landlord, you must ensure compliant smoke alarms are installed and operational at the start of each tenancy.
- RCDs (residual current devices): safety switches must be installed on all power point circuits and lighting circuits at the property. This has been required for all residential rental properties in WA since 2011.
- Pool fencing must comply with the Building Act 2011 and local government requirements if the property has a pool.
- Gas safety: while WA does not currently mandate periodic gas safety checks at the same frequency as Victoria, all gas appliances must be in safe working order.
Privacy and Quiet Enjoyment
The tenant has a right to quiet enjoyment. You must not interfere with the tenant's reasonable peace, comfort, and privacy. This includes not visiting without proper notice and not contacting the tenant excessively.
Bond and Security Deposits
The maximum bond in Western Australia is four weeks' rent for most residential tenancies. Where the weekly rent exceeds a prescribed threshold, the landlord and tenant can negotiate a higher amount, but it must be reasonable.
You must lodge the bond with the Bond Administrator (operated by Consumer Protection) within 14 days of receiving it. The bond is held in trust by the Bond Administrator for the duration of the tenancy.
You must also complete and provide the tenant with a property condition report at the start of the tenancy. Without a properly completed condition report, your ability to make a bond claim at the end of the tenancy is severely compromised.
At the end of the tenancy, bond release is managed through the Bond Administrator. If both parties agree, the bond is released accordingly. If there is a dispute, either party can apply to the Magistrates Court.
Visit the Consumer Protection bond information page for forms and guidance.
Entry and Access Rules
WA's entry notice requirements differ from most other states.
| Purpose | Notice Required |
|---|---|
| Routine inspection | 7–14 days written notice |
| Repairs (by arrangement) | 72 hours, or 24 hours if urgent |
| Prospective tenants | 72 hours (after termination or final 21 days) |
| Prospective buyers | 72 hours |
| Emergency | Without notice |
| Court order | As specified |
Routine inspections can be conducted no more than once every 3 months. The inspection must occur at a reasonable time.
The 72-hour notice requirement for general entry (including showing the property to prospective tenants and buyers) is longer than the 24-hour requirement in most other states. This is an important distinction if you are used to managing properties in other jurisdictions.
Rent Rules
Payment Methods
You must offer a reasonable method of rent payment. The tenant should not be required to pay by a method that imposes additional costs.
Rent Increases
- Rent cannot be increased during a fixed-term agreement unless the agreement specifically allows it.
- For periodic agreements, rent can be increased no more than once every 6 months.
- You must give at least 60 days written notice of any increase.
- The tenant can apply to the Magistrates Court if they believe the increase is excessive.
Rent in Advance
You may request up to 2 weeks rent in advance at the start of the tenancy.
Ending a Tenancy
Fixed-Term Agreements
- End of fixed term (no fault): You must give at least 30 days written notice before the end date. The tenant must also give at least 30 days notice.
- Breach by tenant (non-payment of rent): 14 days written notice. If the rent is paid within 14 days, the notice is cancelled.
- Breach by tenant (other): 14 days written notice to remedy the breach.
Periodic Agreements
- No-fault termination by landlord: 60 days written notice.
- Termination by tenant: 21 days written notice.
- Breach by tenant: Same process as fixed-term agreements.
Eviction Process
If a tenant does not leave after receiving a valid termination notice, you must apply to the Magistrates Court for a court order. You cannot change locks, remove possessions, or physically evict a tenant yourself. Only a bailiff acting under a court order can carry out an eviction.
Inspections
Routine Inspections
Routine inspections can be conducted no more than once every 3 months. You must give between 7 and 14 days written notice. The inspection must occur at a reasonable time.
Condition Reports
A property condition report is mandatory at the start of every tenancy. Both the landlord and tenant must sign the report. The tenant has 7 days to return the report with any amendments after the tenancy begins.
The condition report is the primary evidence used to assess bond claims. Without a properly completed and signed condition report, the Bond Administrator and the Magistrates Court may not accept a bond claim.
At the end of the tenancy, you should conduct a final inspection and compare the property's condition to the original report. Date-stamped photographs are essential supporting evidence.
Key Government Resources
- Consumer Protection: Renting: landlord information, forms, and guides
- Bond Administrator: bond lodgement and claims
- Magistrates Court of Western Australia: dispute resolution for tenancy matters
- Residential Tenancies Act 1987: full text of the legislation
How propkt Helps
Managing a rental property in Western Australia means navigating longer entry notice periods, strict condition report requirements, and a court-based dispute system that demands solid documentation. propkt's document vault stores your condition reports, lease agreements, RCD compliance records, and smoke alarm documentation in one place. Automated reminders keep you on schedule for 3-monthly inspections and document expiry dates. The maintenance tracker creates a dated log of all repair requests and completions, which is valuable evidence in Magistrates Court proceedings. And bond tracking with status management helps you stay on top of the bond process through Consumer Protection.