Australia WA Residential Tenancies Act 1987 Overview

Western Australia’s residential tenancy framework is governed by the Residential Tenancies Act 1987 (WA) as amended by the Residential Tenancies Amendment Act 2024, which introduced significant reforms taking effect through 2024-2025. WA traditionally lagged the eastern states on tenancy reform, but the 2024 amendments — including pet rights, minor modifications, and tighter no-grounds termination — bring WA closer to national norms. This deep-dive sets out the WA regime as it stands in 2026.

1. The Statutory Framework

• Residential Tenancies Act 1987 (WA) — principal statute
• Residential Tenancies Regulations 1989 (WA) — secondary instruments
• Residential Tenancies Amendment Act 2024 (WA) — major reforms commencing through 2024-2025
• Department of Mines, Industry Regulation and Safety (DMIRS) — Consumer Protection — administrative oversight
• Magistrates Court of WA — dispute jurisdiction

Primary source: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_854_homepage.html

2. Scope and Coverage

The Act applies to residential premises let as a tenant’s principal place of residence. Excluded:

• Boarding houses (separate Act)
• Hotels and motels
• Caravan parks (separate regime)
• Public housing (modified application — Department of Communities)
• Holiday accommodation < 3 months
• Premises occupied incidentally to employment

Reference: https://www.commerce.wa.gov.au/consumer-protection/renting-home

3. Lease Formation

A Residential Tenancy Agreement must be in writing if for fixed term > 6 months. Standardised forms (Form 1AA, Form 1AC) are issued by DMIRS Consumer Protection. Mandatory contents:

• Identity of parties
• Premises description
• Rent and payment terms
• Bond amount and lodgement
• Inspection schedule
• Pet provisions (post-2024)
• Information statement

4. Bond — Lodgement and Limit

Under section 29:

• Maximum bond: 4 weeks’ rent (or 6 weeks’ if rent > $1,200/week)
• Lodgement: with Bond Administrator (DMIRS) within 14 days of receipt
• Pet bond: additional bond of up to 1 week’s rent if pets approved

Direct retention by landlord is unlawful. The 2024 amendments shortened the lodgement window from 14 days to expedite tenant protection.

5. Rent — Setting and Increases

5.1 Initial Rent

Set by agreement; no statutory cap.

5.2 Rent Increases

Under section 30 as amended:

• Maximum once every 12 months
• Minimum 60 days’ written notice
• Notice must be in prescribed form (Form 10)
• Tenant can challenge “excessive” rent at Magistrates Court

5.3 Method of Payment

Tenant cannot be required to use a specific platform that incurs additional fees beyond reasonable transaction costs.

6. The 2024 Amendments — Major Changes

The Residential Tenancies Amendment Act 2024 (WA) introduced (commencement staged through 2024-2025):

6.1 Pet Right

A tenant may keep a pet with landlord consent. The landlord cannot unreasonably refuse. Conditions can be imposed (e.g., restoration on exit), and a separate pet bond of up to 1 week’s rent can be required.

Where landlord refuses consent, tenant can apply to the Commissioner for review.

6.2 Minor Modifications

Tenant has the right to make minor modifications (e.g., picture hooks, child safety devices) without landlord consent, subject to making good on exit.

6.3 Restriction on Rent Bidding

Landlords and agents cannot solicit or encourage offers above the advertised rent. The advertised rent is the maximum that can be agreed at lease formation.

6.4 Tighter No-Grounds Termination

Previously, WA permitted “no grounds” termination at the end of fixed-term and during periodic tenancies with notice. The 2024 amendments tighten this:

• Periodic tenancies — landlord must specify a ground (e.g., owner moving in, sale, breach)
• Fixed-term end — limited grounds; “no grounds” notice has been further restricted

6.5 Information Statement

Updated tenant information statement issued by DMIRS, mandatory at lease formation.

7. Termination Grounds (Post-2024)

7.1 Landlord Termination

• Owner-occupier: 60 days’ notice
• Sale to occupier: 30 days’ notice
• Major renovation: 60 days’ notice
• Lease end with reason: 60 days’ notice
• Breach by tenant:
  • Rent arrears (14+ days): 7-day notice to remedy
  • Damage / nuisance: 7-day notice or termination
  • Persistent breach: 28-day notice

7.2 Tenant Termination

• End of fixed term: 21 days’ notice
• Periodic: 21 days’ notice
• Hardship: shorter notice with Commissioner approval
• Family violence circumstances: 7-day notice (Family and Domestic Violence Provisions, sections 66A-66M)

8. Repairs and Maintenance

8.1 Landlord Obligations

Section 42:

• Provide premises vacant possession in reasonable condition
• Maintain in reasonable state of repair
• Comply with health, safety, and minimum standards (under Regulations)

8.2 Tenant Obligations

• Keep premises reasonably clean
• Notify landlord of needed repairs
• Not damage or alter without permission (subject to minor modifications right)

8.3 Urgent Repairs

Tenant may arrange urgent repairs (no hot water, sewerage failure, gas leak, etc.) up to $5,000 if landlord cannot be reached, recoverable from landlord.

9. Inspections

Under section 47:

• Maximum 4 routine inspections per year
• Minimum 7 days’ written notice for routine inspection
• Specific notice required for sale-related inspections, repairs, etc.

10. Bond Refund Process

End-of-tenancy:

1. Joint bond release form — landlord and tenant agree apportionment
2. If disagreement: bond refund application to Bond Administrator
3. Magistrates Court for final determination of disputed amounts

The Bond Administrator releases agreed amounts within 14 days.

11. Family and Domestic Violence Provisions

The 2018 family violence amendments (sections 66A-66M) provide:

• Tenant who is victim of family violence can:

  • Terminate tenancy on 7 days’ notice
  • Apply to remove perpetrator from tenancy
  • Withhold rent if domestic violence has caused premises to be uninhabitable

• Landlord cannot terminate on grounds of damage caused by perpetrator’s conduct against the tenant-victim

12. Common Mistakes — Gyoseishoshi View

13. Strategic Implications for Landlords

1. Update lease templates for 2024 amendments — pet provisions, modifications, no-grounds restrictions
2. Train property managers on new termination grounds and dispute pathways
3. Set advertised rent carefully — cannot be exceeded post-2024
4. Audit minimum standards before re-letting
5. Document every interaction — Magistrates Court reviews of disputes are evidence-driven

14. Strategic Implications for Tenants

1. Verify bond lodged with Bond Administrator within 14 days
2. Pet rights — request in writing; refusal must be reasonable
3. Minor modifications — exercise the new statutory right
4. Family violence — separate protections in family violence circumstances
5. Rent increases — challenge “excessive” increases at the Magistrates Court

15. Compared to Other Australian States

WA has caught up substantially with the 2024 amendments but still permits more landlord flexibility than VIC, NSW, ACT.

16. Magistrates Court — Disputes

The Magistrates Court of WA (Civil Division) has jurisdiction over RTA disputes:

• Compensation up to $10,000 (claims under specific RTA provisions)
• Termination orders
• Bond disputes

Procedure is generally simpler than full civil litigation. Self-representation is common.

Reference: https://www.magistratescourt.wa.gov.au/

Conclusion — A Modernising Regime

The Residential Tenancies Act 1987 (WA) as amended in 2024 represents WA’s catch-up with national tenancy reform trends. Pet rights, minor modifications, rent bidding restrictions, and tighter no-grounds termination bring WA into broad alignment with other states, while preserving some landlord flexibility. The key for both sides is mastering the 2024 amendments and the procedural mechanics of the Bond Administrator and Magistrates Court.

A Gyoseishoshi cannot represent WA parties in the Magistrates Court. Scrib🐮 produces compliant WA residential tenancy agreements, pet consent forms, modification approval frameworks, and termination notices for each statutory ground.

Create your WA tenancy documents with Scrib🐮

¥22,000/month pass for unlimited access to all 18 document types across 7 countries. Start Free Preview →

Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not Australian solicitors.

Sources

• WA Legislation: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_854_homepage.html
• DMIRS Consumer Protection (renting): https://www.commerce.wa.gov.au/consumer-protection/renting-home
• Magistrates Court of WA: https://www.magistratescourt.wa.gov.au/
• Tenancy WA: https://www.tenancywa.org.au/