Tenant Bond Dispute WA — Commissioner Process and Magistrates Court Appeals

Your lease ended, you left the place in good condition, and the landlord is keeping part or all of your bond for "damage" that was there when you moved in — or for normal wear and tear they're calling something else. Under WA's bond-release process, a disputed application is referred to the Commissioner for Consumer Protection, with a Magistrates Court appeal available.

How Bond Disputes Reach Court

In WA, residential bonds are held by Bonds Administration. Since 28 March 2026, anyone on the rental agreement can submit a Security Bond Release Application to Bonds Administration. If everyone agrees, the bond is released as requested. If someone disputes the application or does not respond within 14 days, it is referred to the Commissioner for Consumer Protection for a decision.

If the Commissioner declines to decide the dispute, you can apply to the Magistrates Court. If you disagree with the Commissioner's decision, you can appeal to the Court within 7 days using Form 12 and a copy of the decision.

What Evidence to Gather

Bond disputes come down to one question: did the tenant cause damage beyond normal wear and tear? You prove your side with:

• The property condition report (PCR) from when you moved in, showing pre-existing damage. If you signed a PCR at move-in, this is your strongest document.
• Photos from move-in and move-out. Date-stamped photos of each room, the oven, the carpets, the walls — anything the landlord might try to charge you for.
• Receipts for cleaning. If you hired a professional cleaner, the receipt shows you met the "reasonably clean" standard.
• Communication with the landlord or agent. Emails or messages where you reported maintenance issues during the tenancy, proving the damage existed before you left.

Landlords Claiming Rent Arrears

If you're a landlord and the tenant left owing rent, make a bond release application for the amount claimed against the bond. If the amount claimed exceeds the bond, the Commissioner cannot decide the dispute; the parties are directed to the Magistrates Court.

Normal Wear vs Damage

This is the battlefield. Scuff marks on walls from furniture, faded paint from sunlight, worn carpet in high-traffic areas — these are normal wear and tear, and the landlord can't deduct them from your bond under the Residential Tenancies Act 1987.

Holes in walls, broken fixtures, pet damage, and stains not recorded at move-in are examples of damage a landlord may claim for. The Commissioner considers evidence such as the property condition reports (start and end of tenancy), photos, and repair quotes to decide whether the claim is supported.

The Commissioner's Decision and Court Appeal

The Commissioner reviews the parties' submissions and evidence and sends each party a written decision explaining how the bond is to be paid and why.

If you disagree with the decision, you have 7 days to appeal to the Magistrates Court using Form 12 and a copy of the decision. Notify Bonds Administration after lodging the appeal so the bond is not paid out before the Court hears it.

The WA Minor Case Claim Guide covers how to organise your evidence bundle and the evidence the decision-maker may consider when assessing normal wear and tear.

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