Understanding Bond Refunds & Claims in WA

Renting a home in Western Australia can be an exciting journey, but it's important to understand your rights and obligations when it comes to bond refunds and claims. Whether you're a seasoned renter or new to the scene, this guide will walk you through everything you need to know to ensure the return of your security deposit in Western Australia.

What is a Rental Bond?

A rental bond, also known as a security deposit, is an amount of money paid by the tenant at the beginning of the tenancy. This bond acts as financial security for the landlord in case of any breach of the lease agreement by the tenant.

How Much is a Bond?

Typically, in Western Australia, the bond cannot exceed four weeks' rent. For leased properties with weekly rents above a certain threshold, landlords may require additional bond amounts. It's crucial to confirm the bond amount stipulated in your lease agreement.

Steps to Claim a Bond Refund in WA

Getting your bond back involves a few key steps:

1. Complete a Property Condition Report: At the end of the lease, both tenant and landlord should inspect the property together and compare its state to the original condition report.
2. Fill Out the Bond Disposal Form: Submit Form 4 (Bond Disposal) to the Department of Mines, Industry Regulation and Safety (DMIRS). Find the form here. This should list any agreed deductions.
3. Resolve Any Disputes: If there are disagreements about bond deductions, consider negotiating with your landlord. If this fails, apply to the Magistrates Court of Western Australia for a determination.

Understanding the WA Residential Tenancies Act

The Residential Tenancies Act 1987 (WA) is the governing legislation for tenancies in Western Australia. It outlines the rights and responsibilities of tenants and landlords, including bond matters.

Make sure to thoroughly read and understand your rental agreement and the Residential Tenancies Act to safeguard your bond and rights.

Resolving Bond Disputes

If disputes arise regarding bond refunds, you may:

• Contact Consumer Protection: Seek advice and mediation services from the Consumer Protection Division.
• Apply to Court: If your dispute is unresolved, you can apply to the Magistrates Court of Western Australia for an independent decision.

1. What is the turnaround time for bond refunds? The bond should be returned within 7-14 days of lodging the Bond Disposal Form, assuming there are no disputes.
2. Can my landlord keep part of my bond? Yes, if there are legitimate claims such as unpaid rent or property damage. Both parties must agree on these deductions.
3. How do I dispute a bond deduction? Contact Consumer Protection for guidance and potentially apply to the Magistrates Court for a hearing if necessary.

1. How to complete a Bond Disposal Form in WA
   1. Obtain the Form: Download the Bond Disposal Form from the WA Consumer Protection website.
   2. List Agreed Deductions: If any deductions are agreed upon, clearly state them on the form.
   3. Submit to DMIRS: Submit the completed form to the Department of Mines, Industry Regulation and Safety.

1. Always check the property against the original condition report before claiming your bond.
2. Seek mediation from Consumer Protection for unresolved disputes.
3. A clear understanding of the Residential Tenancies Act helps in safeguarding your rights.

Need Help? Resources for Renters

For assistance with bond claims and disputes, consider reaching out to:

• Consumer Protection WA – Provides advice and mediation services.
• Magistrates Court of Western Australia – For dispute resolution.

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1. Footnotes:
2. 1. Residential Tenancies Act 1987 (WA), accessible at legislation.wa.gov.au.
3. 2. Official guidance on bond forms and disputes at commerce.wa.gov.au.

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