By Jessica Brewer – Head of Property Management, Abel Property
Over the past two years, Western Australia has seen several updates to tenancy legislation as part of the broader reforms to the Residential Tenancies Act. The next stage of these reforms focuses on how tenancy bonds are released at the end of a tenancy, and these changes are expected to come into effect shortly.
As a landlord, it’s important to understand how these updates will impact the finalisation of bonds and dispute resolution processes. At Abel Property, we have already undertaken training to ensure our team is fully across the changes and ready to implement the updated procedures as they come into effect.
Below is an overview of what you can expect.
A More Streamlined Bond Release Process
Under the current system, bond releases typically require agreement from all parties or, if there is a dispute, the matter may need to go to the Magistrates Court.
The upcoming reforms introduce a more streamlined and accessible bond release process designed to reduce the number of matters that escalate to court.
Key changes include:
- Any party can initiate a bond release request – this includes the tenant, landlord, or managing agent.
- Bond claims must be submitted under specific categories, such as unpaid rent, cleaning, or property damage.
- Once a request is lodged, Bonds Administration will notify all parties named on the bond and provide an opportunity to either agree to or dispute the application.
If everyone agrees with the proposed distribution, the bond will be released accordingly.
What Happens if There Is a Dispute?
One of the biggest changes relates to how disputes are handled.
Previously, disagreements over bond money often required an application to the Magistrates Court. Under the new system, if the bond claim is disputed or if a party does not respond within the required timeframe, the matter will be referred to the Commissioner for Consumer Protection for a determination.
This process is known as a Commissioner Determination.
Both parties will be invited to provide supporting information and evidence, and the Commissioner will make a decision about how the bond should be distributed.
Appeals and Commissioner Decisions
After reviewing the information provided by both parties, the Commissioner will issue a written decision outlining how the bond funds should be paid out.
If either party disagrees with the decision, they still have the option to appeal to the Magistrates Court within seven days.
This means the court system will still be available when necessary, but many matters are expected to be resolved earlier through the Commissioner process.
Why These Changes Are Being Introduced
Bond disputes make up a significant portion of tenancy-related court matters. The new process aims to:
- Reduce the need for court proceedings
- Provide faster and more accessible dispute resolution
- Create clearer and more structured claim processes
- Ensure both tenants and landlords have the opportunity to present evidence
Overall, the goal is to simplify the bond release process while maintaining fairness for all parties involved.
How Abel Property Is Preparing
At Abel Property, we understand that legislative changes can sometimes feel complex or uncertain.
Our property management team has already completed training on the new procedures and we are preparing our systems and internal processes to ensure that bond finalisations continue to be handled efficiently, compliantly, and in our landlords’ best interests.
As always, our focus remains on:
- Conducting thorough property condition reports
- Completing detailed final inspections
- Providing clear documentation and evidence where claims are required
- Managing the process professionally to achieve fair outcomes for our landlords
Questions? We’re Here to Help
If you have any questions about the upcoming changes or would like to discuss how these reforms may affect your investment property, please feel free to reach out to our team.
We’re always happy to provide guidance and ensure you feel confident about how your property is being managed.