Western Australia Tenant Rights: Eviction, Bonds and Rent Rules
Western Australia is one of only two jurisdictions that still allows no-grounds eviction. A landlord can end a periodic tenancy without a reason on 60 days’ notice under section 64 of the Residential Tenancies Act 1987 (WA), and disputes go to the Magistrates Court, not a tribunal.
Information last verified on 19 July 2026. This page presents general legal information, not legal advice.
Jurisdiction scope: This page covers residential tenancies in Western Australia only, under the Residential Tenancies Act 1987 (WA), verified 19 July 2026. It does not cover other Australian states or territories, which run different eviction, bond and rent rules; see the linked state pages below. This is general legal information, not advice on your own tenancy.
Governing law and the Magistrates Court
Residential tenancies in Western Australia are governed by the Residential Tenancies Act 1987 (WA). Unlike every other Australian state or territory, tenancy disputes in Western Australia go to the Magistrates Court under section 12A, not a specialist tenancy tribunal. The State Administrative Tribunal (SAT), which handles many other consumer and administrative matters in Western Australia, has no jurisdiction over residential tenancies. Since 28 March 2026, a narrower category of first-instance disputes, covering bonds, pet consent and minor modifications, is instead decided by a Commissioner for Consumer Protection determination, with either party able to appeal to the Magistrates Court within 7 days. Consumer Protection WA administers bond handling and publishes guidance for both parties.
Can a landlord evict a tenant without a reason in Western Australia?
Yes. Western Australia is one of only two Australian jurisdictions, alongside the Northern Territory, that still allows a landlord to end a tenancy without giving any reason. For a periodic tenancy, section 64 lets a landlord give 60 days’ notice, a period raised from 30 days in 2024, without stating any ground. A tenant who receives this notice can apply to the Magistrates Court within 7 days for an order extending the time before they must leave by up to a further 60 days. For a fixed-term tenancy, section 70A allows either the landlord or the tenant to end the tenancy on 30 days’ notice without a reason, and the agreement does not automatically continue as a new fixed term or roll over into a periodic tenancy.
No-grounds notice periods and the extension right
The two no-grounds routes in Western Australia carry different notice periods and different consequences. The periodic no-reason notice under section 64 requires 60 days and comes with the tenant’s statutory right to seek an extension of up to 60 more days from the Magistrates Court, a safeguard not available in the Northern Territory. The fixed-term route under section 70A requires only 30 days and is available to either party, reflecting that a fixed-term agreement is, by its nature, a defined period both sides agreed to in advance. A tenant served with either type of notice should confirm which section is being relied on, since the notice period and any extension right differ.
Bonds: amount, lodgement and the high-rent threshold
A Western Australian bond is capped at four weeks’ rent for properties renting below $1,200 a week, the state’s high-rent threshold under regulation 11; above that threshold the parties can agree a higher amount. A separate pet bond, where charged, is capped at $350. The bond must be lodged with Bonds Administration, part of Consumer Protection WA, within 14 days of receipt, a longer window than New South Wales or Queensland’s 10-day deadlines.
Rent increases and rent bidding
Rent can be increased once every 12 months under section 30(1)(b), on 60 days’ written notice. Rent bidding, meaning soliciting an offer above the advertised price, has been banned in Western Australia since 2024 under section 27AA(3), with a penalty of up to $10,000 for a breach, one of the highest penalties among the eight jurisdictions.
Minimum standards: the current gap
Western Australia has no dedicated statutory minimum-standards regime comparable to those in New South Wales, Victoria or Queensland. The Act’s only relevant protections are the general implied terms in sections 42, 43 and 45, covering matters such as the landlord’s duty to provide the premises in a reasonable state of repair, without a detailed, itemised checklist of specific standards a property must meet. A dedicated minimum-standards scheme is part of the announced Phase 2 reform package, alongside replacing no-grounds eviction, but Phase 2 was only announced on 4 May 2026, remains pre-Bill, and is not yet law. Nothing on this page should be read as describing Phase 2 as current law.
Key figures at a glance
| Feature | Western Australia |
|---|---|
| No-grounds eviction | Retained (periodic s 64, 60 days; fixed-term s 70A, 30 days) |
| Governing Act | Residential Tenancies Act 1987 (WA) |
| Forum | Magistrates Court (SAT has no role); Commissioner for Consumer Protection for bond/pet/minor-modification disputes since 28 Mar 2026 |
| Bond maximum | 4 weeks' rent below $1,200/wk threshold (reg 11); pet bond capped $350 |
| Bond lodgement | Bonds Administration, Consumer Protection WA, 14 days |
| Rent increase frequency | Once per 12 months |
| Rent increase notice | 60 days |
| Rent bidding | Banned since 2024, penalty up to $10,000 (s 27AA(3)) |
How Western Australia compares to the rest of Australia
Western Australia stands apart from six of the other seven jurisdictions in retaining no-grounds eviction outright, sharing that position only with the Northern Territory. It is also the only state that sends tenancy disputes to the Magistrates Court rather than a tribunal, and the only jurisdiction with no dedicated minimum-standards regime at all. The announced Phase 2 reform would bring Western Australia closer to states such as New South Wales, the Australian Capital Territory and South Australia, which have all abolished no-grounds eviction and legislated minimum standards, but Phase 2 remains pre-Bill. See the no-grounds eviction ban across Australia for the full comparison, rental bonds in Australia for how WA’s threshold compares, Northern Territory tenant rights for the other retained no-grounds jurisdiction, and New South Wales tenant rights for a jurisdiction that has abolished it. For the complete national picture, see the Australia tenant rights hub.
Frequently asked questions
This page is general legal information about residential tenancies in Western Australia, verified on 19 July 2026. It is not legal advice, and it does not cover every situation. For advice about your own tenancy, consult a legal practitioner admitted in the relevant Australian state or territory, or contact Consumer Protection WA.
Frequently Asked Questions
Can my landlord evict me without a reason in Western Australia?
Yes. Western Australia is one of only two jurisdictions, with the Northern Territory, that still allows this. A landlord can end a periodic tenancy on 60 days’ notice under section 64, or a fixed-term tenancy on 30 days’ notice under section 70A, without stating a reason.
Can I challenge a no-grounds notice in Western Australia?
You can apply to the Magistrates Court within 7 days of a section 64 periodic no-grounds notice for an order extending the time before you must leave, by up to a further 60 days. This does not cancel the notice.
How much bond can a landlord charge in Western Australia?
Generally four weeks' rent, lodged with Bonds Administration within 14 days. Above the $1,200-a-week high-rent threshold, a higher bond can be agreed. Pet bonds are capped at $350.
Which court or tribunal handles tenancy disputes in Western Australia?
The Magistrates Court, not a tribunal. The State Administrative Tribunal has no jurisdiction over residential tenancies. Since 28 March 2026, bond, pet and minor-modification disputes start with a Commissioner for Consumer Protection determination, appealable to the Magistrates Court within 7 days.
Does Western Australia have minimum rental standards?
Not a dedicated statutory scheme. Only the Act’s general implied repair obligations in sections 42, 43 and 45 apply. A minimum-standards scheme is part of the announced Phase 2 reform, which is pre-Bill and not yet law.
Is rent bidding legal in Western Australia?
No. Soliciting an offer of rent above the advertised price has been banned since 2024 under section 27AA(3), with a penalty of up to $10,000.
Is Western Australia’s Phase 2 reform already law?
No. Phase 2, which would replace no-grounds eviction and introduce minimum standards, was announced 4 May 2026 but has not been introduced as a Bill and is not current law.
Sources and References
- Residential Tenancies Act 1987 (WA)(legislation.wa.gov.au).gov
- Consumer Protection WA: Renting a home(consumerprotection.wa.gov.au).gov
- Magistrates Court of Western Australia(magistratescourt.wa.gov.au).gov
- Consumer Protection WA: Bonds(consumerprotection.wa.gov.au).gov