WA Bond Dispute Guide for Property Managers: Commissioner Determination Step-by-Step (2026)

Before 28 March 2026, when a Western Australian property manager and tenant could not agree on how a bond should be divided, the only path forward was the Magistrates Court. That meant filing a formal court application, paying filing fees, and in many cases attending a hearing — a process that was expensive, slow, and made WA an outlier among Australian states, where most jurisdictions had already moved to lower-cost administrative or tribunal models.

Phase 3 of the Residential Tenancies Amendment Act 2024 changed that. From 28 March 2026, disputed bond release applications are now decided by the Commissioner for Consumer Protection through a team of authorised decision-makers known as the Determinations Branch. The Determinations Branch reviews evidence submitted by both parties and issues a binding written decision. The process is free where all parties to the tenancy reside in WA, and neither party needs to attend a court hearing in the typical case.

This is a significant operational change for WA property managers. The destination — Commissioner determination rather than court — is new. But the foundations of a successful bond claim have not changed: a thorough property condition report, timestamped photographs, and well-organised invoices remain the core evidence that determines outcomes. The forum changed; the standards for strong evidence did not.

For context on WA's condition report requirements and the broader bond management framework, see our WA bond and condition report rules guide. This guide focuses specifically on navigating a bond dispute from the end of a tenancy through to a Commissioner decision or Magistrates Court appeal.

The groundwork for a successful bond claim is laid before the formal dispute process begins. Property managers who have the following in order at the point of vacancy will find the dispute process considerably more straightforward.

Complete the exit condition report on the day of vacancy. The closer in time the exit condition report is to the tenant handing back keys, the more defensible it is. An exit inspection conducted a week after the tenant left is harder to rely on than one done on the same day — particularly when the tenant disputes individual claims and the timeliness of your evidence matters.

Check the exit condition report against the entry condition report. Go through the ingoing property condition report room by room and note every item where the condition at exit differs from the condition at entry. Differences that fall within fair wear and tear — minor scuffs on walls, light carpet wear in traffic areas — should not be claimed. Differences that amount to damage, excessive soiling, or items left in a worse condition than can be attributed to normal use are potentially claimable.

Obtain invoices or quotes before lodging the bond release application. The Commissioner for Consumer Protection will require receipts or invoices for any dollar amount you claim. A quote from a licensed tradesperson is accepted where the work has not yet been done, but a paid invoice is stronger. Assemble your invoice or quote file before you initiate the bond release in BondsOnline — you cannot add them at the start of the application but will need them ready when the evidence submission stage opens.

Ensure the exit condition report has been provided to the tenant. The outgoing condition report must be given to the tenant before or at the time they vacate. Providing it after the bond release application is lodged creates a procedural issue and may disadvantage your position.

A significant change under the March 2026 reforms is that any party to the tenancy — the tenant, the landlord, or the property manager acting for the landlord — can initiate a bond release application. This includes a tenant-initiated release, which is a new pathway that was not available in the same form under the old process.

For licensed agents: BondsOnline is mandatory. Property managers holding a real estate agent licence must use BondsOnline (bonds.commerce.wa.gov.au) to lodge bond release applications. Paper-based applications are not available to agents.

For self-managing landlords: BondsOnline is available and recommended, but the paper-based Security Bond Release Application form is still accepted. Given that BondsOnline triggers automatic eTransaction notifications to the tenant and creates a digital record, it is the better option in almost every case.

Tenant-initiated releases. Tenants can submit a bond release request directly through BondsOnline or via an eTransaction. When a tenant initiates a release, Bonds Administration notifies the property manager by email and generates an eTransaction that the manager must respond to through BondsOnline. To access it: log into BondsOnline, navigate to the 'Payment and Transfer Approvals' tab from the dropdown menu, select 'Tenant Initiated Release', and click on the eTransaction number for the relevant bond. From there, you can review the details of the tenant's request and choose to Agree or Dispute. Select 'Save' to confirm your response and then 'Confirm' to finalise it.

Timing. The bond release application can be lodged once the tenancy has ended and the property has been vacated. There is no prescribed waiting period, but both parties benefit from having completed condition reports and evidence assembled before the process is initiated.

When a bond release application is submitted — whether by a tenant, landlord, or agent — Bonds Administration sends a formal notice to all other parties named on the bond. For electronically registered parties, this is sent by email and triggers an eTransaction in BondsOnline. For parties receiving notification by post, additional time is allowed for postage.

The standard response window is 14 days. All parties who receive a Notice of Security Bond Release have 14 days to log in to BondsOnline and respond to the eTransaction, or to return a paper form if eligible. During this period, responding parties can Agree with the proposed distribution or Dispute it.

If you Agree: Bonds Administration processes the agreed split and releases the bond accordingly. No further action is required.

If you Dispute: You will be asked to specify the amount you are disputing and the reason for each claim. Once you submit a dispute through BondsOnline, Bonds Administration refers the matter to the Determinations Branch of the Commissioner for Consumer Protection.

If no response is received within 14 days: The absence of a response also triggers a referral to the Determinations Branch. This means that a property manager who misses the 14-day window does not automatically lose the bond — the Commissioner will still make a determination based on available evidence. However, failing to respond to an eTransaction and then submitting evidence late in the process puts you at a practical disadvantage: the Commissioner will have received the tenant's account without your response, and any late submission may not be considered.

Do not submit your full evidence package at this stage. When you register a dispute in BondsOnline, provide a brief description of your claims. Submit the supporting evidence only after you receive the formal referral notification from the Determinations Branch, which includes instructions for where and how to provide evidence. Submitting material before the formal referral notice may result in it being lost or not linked to your file.

Once a dispute has been registered or a party has failed to respond within 14 days, Bonds Administration refers the bond release application to the Determinations Branch. This is the team of authorised delegates of the Commissioner for Consumer Protection who make binding decisions about bond distribution.

When the referral is made, all parties to the tenancy receive a formal notice titled 'Invitation to Make a Submission about a Bond Release Application'. This notice sets out:

— The amount of bond held and the proposed distribution in the original application — The claims or objections raised by the disputing party — Instructions for submitting evidence and information to support your position — The timeframe in which submissions must be provided

The notice gives parties an opportunity to explain how much of the bond they believe should be paid to them and why, supported by evidence. The invitation to make a submission is not an optional step — if you are the landlord's agent, this is the stage at which you must provide your full evidence package. All parties are given the chance to put their case. The Determinations Branch reviews the submissions from both sides and makes a decision.

You may request additional time to provide your submission if you genuinely need it. Contact Bonds Administration promptly if this applies — do not simply submit late without notice.

Neither party is required to attend a hearing. The process is conducted on paper and electronic submissions. This is a meaningful difference from the Magistrates Court, where parties were often required to appear in person.

The quality of your evidence is the primary determinant of the Commissioner's decision. A complete, clearly organised evidence package that tells a coherent story about why the claimed deductions are justified will almost always outperform a disorganised file with the same underlying facts.

Assemble the following documents in the order they will be reviewed:

1. Ingoing property condition report — including the tenant's markup. This is the baseline document. The tenant's signed copy, with any handwritten annotations noting items they disagreed with at move-in, is an important part of the evidence. It establishes what was already noted as damaged or defective at the start of the tenancy — those items cannot be claimed for at exit.

2. Outgoing property condition report. Completed at the end of the tenancy, noting the condition of each item at exit. The more specific the description, the more useful it is. "Carpet — heavy staining, bedroom 2, three distinct stains approximately 30cm diameter" is far more useful than "carpet — damaged."

3. Timestamped photographs at entry and exit. Photographs tied to specific items in specific rooms. Entry photos provide the baseline; exit photos show the change. Where photos show the same angle at entry and exit, the difference is immediately apparent to the Commissioner. Digital photos with embedded timestamps from the device's camera provide the strongest metadata. Do not submit photos without being able to explain when they were taken.

4. Invoices and receipts for completed work. For every dollar amount claimed, attach either a paid invoice (preferred) or a written quote from a licensed tradesperson or cleaning contractor. The invoice or quote should specify the work done and the cost. Generic round-number estimates without letterhead or contact details carry very little weight with the Commissioner.

5. Rental ledger for unpaid rent or water charges. If you are claiming outstanding rent or water usage, include the full rental ledger showing the dates and amounts owing. Attach any rent increase notices that are relevant to the period in dispute.

6. Relevant written correspondence. Emails or messages between the property manager, landlord, and tenant that are directly relevant to the claimed items — for example, written requests for the tenant to address a cleaning issue that were not acted on, or acknowledgment of damage during the tenancy.

The Commissioner for Consumer Protection applies published guidelines when assessing bond dispute claims. The guidelines address the most common claim categories and the types of evidence expected for each. Understanding the Commissioner's approach before you build your evidence package helps you focus on what matters.

Property damage. Claims for damage must be supported by evidence that distinguishes the damage from fair wear and tear. The Commissioner will consider the condition of the item at the start of the tenancy (as recorded in the ingoing condition report), the length of the tenancy, and the nature of the claimed damage. A door handle that was noted as slightly loose at entry and is now broken is not straightforwardly a bond claim — the entry condition record complicates it. An entry report that describes the walls as freshly painted and an exit inspection that shows gouges and holes is a clear claim, supported by the gap between the two records.

Cleaning. Cleaning claims are among the most commonly disputed. The Commissioner expects cleaning claims to be supported by evidence of the property's cleanliness at entry (ingoing condition report and photos) and the state in which it was left (exit condition report and photos), plus an invoice from a professional cleaning contractor specifying the scope and cost. Claims for routine cleaning of a property that was already in average condition at entry, without clear evidence of deterioration beyond normal use, are harder to sustain.

Fair wear and tear. Landlords cannot claim for fair wear and tear. The Commissioner applies the same principle as the Magistrates Court: deterioration that results from ordinary use over the life of the tenancy is not claimable, even if it leaves the property in a worse condition than when the tenancy began. The length of the tenancy is relevant — a two-week tenancy and a three-year tenancy produce very different expectations of wear. Well-maintained ingoing condition reports that note the age and condition of carpets, walls, and fixtures help establish the baseline against which fair wear and tear is measured.

Unpaid rent. Claims for outstanding rent must be supported by the full rental ledger. The Commissioner will assess whether the amounts claimed are supported by the lease agreement and the payment history. Disputes about whether rent was paid are essentially accounting matters, and the rental ledger is the primary evidence.

Pet-related damage. If a pet bond was collected in addition to the standard security bond, pet-related damage claims should be documented separately, linked to the specific items affected by the pet. The Commissioner considers the pet bond and the security bond as separate pools — claims for pet fumigation or pet-specific damage should be made against the pet bond first.

After reviewing the submissions and evidence from all parties, the Determinations Branch issues a written decision specifying how the bond is to be distributed. The decision is binding on both parties unless appealed. Both the landlord (or their agent) and the tenant will receive a copy of the decision in writing, along with the reasons for it.

Once the Commissioner's decision is issued, the bond is held by Bonds Administration for seven days. This holding period exists to allow either party to lodge an appeal with the Magistrates Court if they are dissatisfied with the outcome. If no appeal is lodged within the seven-day window, Bonds Administration releases the bond in accordance with the Commissioner's decision.

Read the reasons carefully. The written reasons explain how the Commissioner assessed each claim and why particular amounts were allowed or disallowed. If the decision goes against you on a specific claim, the reasons will tell you whether the issue was inadequate evidence, a fair wear and tear assessment, or a procedural matter. This is useful information regardless of whether you intend to appeal — it informs how you document and present claims in future disputes.

The seven days runs from the date of the decision notice. Do not wait until you have received the letter by post and then start counting seven days from receipt. If you receive the decision electronically, the clock runs from the date on the notice. Act promptly if you intend to appeal.

If either party disagrees with the Commissioner's decision, they can lodge an appeal with the Magistrates Court within seven days of the decision notice. The Magistrates Court has jurisdiction to review the Commissioner's determination and make its own decision about how the bond should be distributed.

An appeal to the Magistrates Court is a formal court proceeding. It requires filing a formal application, paying a court filing fee, and typically attending a hearing. For a property manager representing a landlord in a bond dispute, the practical question is whether the amount in dispute justifies the cost and time of a Magistrates Court appeal.

In many cases, where the Commissioner's decision has disallowed or reduced a specific claim, reviewing the written reasons and assessing the strength of your evidence is the right first step before deciding to appeal. If the Commissioner's decision reflects a genuine evidentiary gap — for example, an invoice was not submitted on time, or the photographs did not clearly support the claimed change — appealing without addressing that gap is unlikely to produce a different outcome.

Where the Commissioner has made a material error of fact or has misapplied the relevant legal standard — for example, has characterised damage as fair wear and tear when the length of the tenancy and the nature of the damage clearly indicate otherwise — an appeal is more likely to succeed.

Consumer Protection WA at consumerprotection.wa.gov.au provides information about the appeal process. If the bond amount in dispute is significant, obtaining legal advice from a lawyer familiar with the Residential Tenancies Act 1987 (WA) before filing an appeal is worthwhile.

The Commissioner determination process is available for disputes where all parties to the tenancy reside in Western Australia. If any party lives outside WA — for example, a landlord who moved interstate after selling the investment property, or a co-tenant who relocated before the dispute arose — the Commissioner determination pathway is not available, and the bond dispute must be resolved directly through the Magistrates Court.

In those cases, the property manager should contact Consumer Protection WA to confirm the correct procedure, as the bond release process will not follow the standard BondsOnline workflow. The Magistrates Court is also the correct forum for disputes involving amounts that exceed the Commissioner's jurisdiction, though bond disputes are typically modest enough to fall well within it.

For straightforward Magistrates Court matters in WA, the Magistrates Court registry can provide information about the application process and fees. Consumer Protection WA can also assist with guidance on what evidence to prepare. The evidence package required is essentially the same as for the Commissioner determination: ingoing and outgoing condition reports, photographs, invoices, and rental ledger.

These are the most common reasons bond claims fail or are substantially reduced at the Commissioner determination stage — based on the types of evidence and claim issues that arise in bond disputes under Australian residential tenancy legislation.

No ingoing condition report, or a vague one. Without a clear baseline established in the ingoing property condition report, damage claims have no foundation. If the entry report describes every room as "clean and tidy" without specific descriptions, an exit claim for damage to a specific wall or carpet becomes very difficult to sustain. The Commissioner cannot know what changed if the entry record does not describe what was there.

Photos that are not tied to specific items. A folder of 80 exit photographs with no labels or organisation, submitted without explanation, is very difficult for the Commissioner to use. Label photographs clearly — room, item, and date — or structure them to correspond to the sections of the condition report.

Waiting too long to complete the exit inspection. An exit inspection conducted several days after the tenant vacated, rather than on the day of vacancy, opens the question of whether the condition noted was actually left by the outgoing tenant. Where possible, inspect on the day keys are returned and record the date and time clearly on the inspection document.

Claiming for fair wear and tear. Claims for items that deteriorated through ordinary use during a long tenancy will be disallowed. Review each claimed item and ask honestly whether a reasonable person would say the deterioration reflects normal use. If the answer is yes, do not include it in the claim.

Submitting evidence before the formal referral notice. Several agencies have made the mistake of attaching evidence to the initial BondsOnline dispute registration rather than waiting for the formal 'Invitation to Make a Submission' from the Determinations Branch. Evidence submitted at the wrong stage may not be received or considered. Wait for the formal referral notice before submitting your full evidence package.

Claiming for items already noted as defective at entry. If the ingoing condition report notes that the carpet in the second bedroom was stained at the start of the tenancy, a claim for the same carpet staining at exit will fail. Review the entry report carefully before finalising your claims.

Use this checklist to confirm you are prepared at each stage of the WA bond dispute process.

Before the tenancy ends: — Entry condition report completed in full, photos attached to specific items, tenant's markup retained — Routine inspection records throughout the tenancy retained and dated — Pet bond collected separately if applicable, documented in tenancy agreement

On the day of vacancy: — Exit condition report completed, photos taken room by room — Exit report provided to the tenant before or at the point of handing back keys — Obtain quotes or invoices for any cleaning, damage repairs, or other items before initiating bond release

BondsOnline — initiating or responding: — Bond release application lodged through BondsOnline (mandatory for agents) — If responding to a tenant-initiated release: accessed via Payment and Transfer Approvals tab → Tenant Initiated Release within 14 days — Response registered as Dispute if claiming any deductions; brief description of claims entered — Do NOT submit full evidence at this stage — wait for referral notice

After referral to the Determinations Branch: — Formal 'Invitation to Make a Submission' received and read carefully — Evidence package assembled: ingoing PCR (with tenant markup), outgoing PCR, timestamped photos, invoices or quotes, rental ledger if claiming rent, relevant correspondence — Evidence submitted through the channel specified in the referral notice — If more time needed, request it from Bonds Administration promptly

After Commissioner's decision: — Decision and written reasons read carefully — Seven-day appeal window noted from the date on the decision notice — If appealing: Magistrates Court application filed within seven days — If not appealing: bond released in accordance with Commissioner's decision after the seven-day hold

The Commissioner determination process rewards clear, structured documentation. When the Determinations Branch reviews evidence from two parties with conflicting accounts, the party whose evidence is specific, timestamped, and well-organised tends to have a stronger case.

ConditionHQ generates property condition reports that meet Western Australian requirements under the Residential Tenancies Act 1987. Each report attaches timestamped photographs to specific room items rather than presenting them as a general photo library — so when you submit evidence to the Determinations Branch, every photo is already linked to a specific item and section of the condition report. This structure means the Commissioner can see immediately what changed between entry and exit, and why each claimed item is supported by the documentation.

The exit comparison feature is particularly relevant to the WA Commissioner determination process. When you complete both the entry and exit inspections in ConditionHQ, the comparison report produces a side-by-side view of each room and item, noting where condition changed. This format is directly useful as an evidence document — it presents the information in the same way the Commissioner needs to assess it: item by item, with the entry condition and exit condition side by side.

ConditionHQ also addresses the compliance requirement to provide two copies of the property condition report to the tenant by generating digital reports that can be delivered by email, with an automatic record of delivery. The email delivery timestamp satisfies both the delivery obligation and the need for a documented record.

For the WA market, ConditionHQ's free tier provides three full reports per month — enough to test the format on your own properties before committing to a subscription. The Pro plan ($59 per month) and Agency plan ($149 per month) provide unlimited reports and the full entry-to-exit comparison toolkit for agencies managing disputes at scale.

For the broader WA compliance picture, including condition report form requirements and bond lodgement rules, see our WA bond and condition report rules guide and the WA rental law changes guide for context on the Residential Tenancies Amendment Act 2024 reforms.