Some of the most common questions we get from Perth tenants about bond returns. None of this is legal advice - if you have a serious dispute, talk to Consumer Protection WA or Tenancy WA.
How much bond can the landlord ask for?
Four weeks rent for most properties. Six weeks if the rent is over $1,200 per week (rare for residential). The landlord cannot ask for more than this without a specific reason and your agreement.
Who holds the bond?
The Bond Administrator within the Department of Mines, Industry Regulation and Safety. The landlord or agent should lodge it within 14 days of receiving it. If they have not, they are in breach. You can call the Bond Administrator on 1300 853 829 to confirm your bond was lodged.
What if my landlord wants to keep some of the bond?
They have to apply to the Bond Administrator with a Form 6 detailing what they want to deduct and why. You can either agree or dispute. Once you dispute, the Bond Administrator will not release the money until both parties agree or the matter goes to court.
What can the landlord legally claim from the bond?
Unpaid rent. Damage you caused (beyond fair wear and tear). Cleaning costs if you did not leave the property reasonably clean. Charges from the lease that were not paid (some leases include things like carpet cleaning as a specific cost).
They cannot claim for: normal wear and tear, repairs that should have been the landlord's responsibility, upgrades or improvements, or anything that was already noted as an issue on the move-in PCR.
What if I disagree with what they want to deduct?
Disputed bond claims go to the Magistrates Court. The process is straightforward. Filing fee is about $80. You get a hearing date a few weeks out. You bring your evidence (PCR, photos, receipts). The Magistrate decides. Most disputes settle before getting to court because either side getting all of it is unlikely.
How long does the landlord have to return the bond?
Once you have moved out, no rent is owing, and no dispute is lodged, the bond should be returned within 14 days. If they sit on it, you can apply direct to the Bond Administrator for release.
What if the agent never gave me a PCR?
They are required to. If they did not, you are in a much stronger position to dispute any damage claims because they have no documented baseline for the property condition.
Tenancy WA
Free tenancy advice service. Phone (08) 9221 0088 or visit tenancywa.org.au. They help with bond disputes, eviction notices, lease issues, and anything else tenancy-related. Worth a call if you are stuck.