How WA bond disputes work now the Commissioner decides them

If you've claimed against a bond in WA before, the process you remember has changed. Disputed bonds used to end up in the Magistrates Court, where you could stand up and explain what happened. Now most of them are decided by the Commissioner for Consumer Protection, with no hearing, using only the evidence the landlord and tenant send in.

That puts a lot more weight on the condition reports. Here's how it works now.

What changed

Since 28 March 2026, WA bonds are released through a new process run by Bonds Administration at Consumer Protection WA. Anyone named on the bond can start a release, whether that's the landlord, the property manager or the tenant.

Everyone else on the bond is then sent a notice and has 14 days to respond (a few extra days are allowed for paper applications sent by post). From there it goes one of three ways:

• Everyone agrees. The bond is paid out as requested.
• Someone disputes it. The application is referred to the Commissioner.
• Someone doesn't respond. It's also referred to the Commissioner.

That last one catches people out. Plenty of landlords assume that if the tenant doesn't reply, they get what they asked for. Under the new process they don't. A non-response goes to the Commissioner the same way a dispute does (New bonds process FAQs).

How the Commissioner decides

Once it's referred, everyone on the bond gets an "Invitation to Make a Submission about a Bond Release Application". You have 10 days to say how much of the bond each person should get, and to send the evidence for it. You can ask for more time if you need it.

The Commissioner reads the submissions, checks each claim against the evidence and may ask for more information. There's no hearing. Everyone then gets a written decision showing how much goes to the landlord and to each tenant, with the reasons (Consumer Protection WA).

If you don't agree with the decision, you have 7 days to appeal to the Magistrates Court. The bond is held for those 7 days so there's time to lodge one.

A few disputes still go straight to court. The Commissioner won't decide when:

• the amount in dispute is more than the bond
• the tenancy is already before the Magistrates Court
• there isn't enough information to decide
• everyone on the bond is a private individual and at least one of them was living in another state when it was referred

Every claim needs a category

The release form now asks landlords to break their claim into categories, and the amounts have to add up to the total. The Commissioner's guidelines list nine:

1. Repairing damage
2. Garden repair and maintenance
3. Carpet cleaning
4. General cleaning
5. Pet fumigation
6. Locks, keys and security devices
7. Unpaid rent
8. Unpaid utilities
9. Other breaches of the lease agreement

Each category needs its own evidence. One round figure for "damage and cleaning" won't get far.

What counts as evidence

For each claim, you need to show two things: that the tenant breached the lease, and what it cost you. Consumer Protection says the evidence should be "complete, reliable and clearly support the amount being claimed" (Evidence for bond claims).

For damage and cleaning, that usually means:

• dated ingoing and outgoing condition reports
• date-stamped photos or video of the same item or area at the start and the end of the tenancy
• itemised invoices from a business with an ABN, or quotes plus a reason the work hasn't been done yet
• receipts for materials if you did the work yourself (your own time usually can't be claimed)
• something showing the item's age, like the purchase invoice or when the walls were last painted

Fair wear and tear can't be claimed. The Commissioner also takes age into account, so a tenant won't be paying for a brand new carpet to replace a 10-year-old one. If a claim would leave the landlord better off than before the damage, that part won't be allowed.

Why the condition report matters more now

In a courtroom you could explain things. Without a hearing, the Commissioner only has what you send. If the ingoing report says "carpet good" and the outgoing report says "carpet stained", that leaves a lot open to argument. Which stain? How big? Was it there at the start? Is it damage, or just wear?

That was already where a lot of the arguments started. In 2021, only about 1 in 3 WA tenants got their full bond back, and disagreements over the condition report were one of the most common complaints (Consumer Protection WA figures, reported by Real Estate Business).

A report that holds up tends to have:

• a written description of every item in every room, including the ones with nothing wrong
• the existing marks noted at the start, so new ones stand out at the end
• dated photos of the same spots at the start and the end
• a copy given to the tenant at the start, with 7 days for them to return it with their comments

A quick checklist before you lodge a claim

• Is every amount in one of the nine categories, and do they add up to the total?
• For each one, can you point to the ingoing report and photo, and the outgoing report and photo, for that exact item?
• Do you have an itemised invoice or quote for each amount?
• Have you allowed for fair wear and tear and the age of the item?
• Have you talked to the tenant first? Bonds released by agreement are paid out a lot quicker.
• Still using the old paper joint application form? It's only accepted until 31 December 2026 (WA rent reforms).

Where to check the rules

The rules have changed a fair bit this year and may change again, so check the source before you lodge anything:

• New bonds process FAQs, Consumer Protection WA
• Bond disputes for residential tenancies, Consumer Protection WA
• Evidence for bond claims, Consumer Protection WA
• Commissioner's Guidelines: Bond disputes in a rental, Consumer Protection WA

If you're unsure about your situation, Consumer Protection's advice line is 1300 30 40 54.