Real Estate FAQ
Read Mandurah City Real Estate answers to common questions about renting, buying, selling, and property management in Western Australia.
For Landlords
Can a landlord increase rent without notice?
No, rent increases in WA require proper notice and must follow the Residential Tenancies Act 1987 (WA). For a periodic (month-to-month) lease, rent can only be increased once every 12 months and you must give at least 60 days' written notice using the official Form 10 – Notice of Rent Increase. For a fixed-term lease of 12 months or less, rent cannot be increased during the fixed term. For leases longer than 12 months, a rent review clause can be included if it specifies how and when the increase will occur, but the first increase must be at least 12 months after the start date and you must still give 60 days' written notice.
How do I terminate a tenancy agreement?
Landlords must follow the legal notice process under the Residential Tenancies Act 1987 (WA). For a periodic tenancy, give 60 days' notice using Form 1C – Notice of Termination. For a fixed-term tenancy, you cannot end it before the lease expires without a breach by the tenant or mutual agreement. To end at the end of the lease, give at least 30 days' written notice before the lease end date. For breaches, issue a Form 21 – Breach of Agreement, give the tenant 14 days to fix it, then issue a termination notice if not resolved. You cannot evict a tenant yourself — if they refuse to vacate, apply to the WA Magistrates Court for a termination and possession order.
Can I enter my property whenever I want?
No. Tenants have the right to quiet enjoyment. For routine inspections, give 7–14 days' written notice — limited to 4 per year. For repairs and maintenance, give at least 48 hours' written notice. For showing the property to buyers or new tenants, give at least 72 hours' written notice. In emergencies (fire, gas leak, serious water leak), you may enter immediately but must notify the tenant as soon as possible afterwards. You cannot visit unannounced to check gardens, pools, or pets.
What happens if my tenant doesn't pay rent?
Follow the formal breach process under the Residential Tenancies Act 1987 (WA). Step 1: Issue Form 21 – Breach of Agreement (Non-Payment of Rent). The tenant has 14 full days to pay the arrears in full. Step 2: If they don't pay within 14 days, issue a Termination Notice for Non-Payment of Rent, giving 7 days' notice to vacate. Step 3: If the tenant does not vacate, apply to the WA Magistrates Court for a termination order and possession order. Only after a court order can the bailiff lawfully remove a tenant.
Do I need landlord insurance?
No — landlord insurance is not legally mandatory in WA. However, it is highly recommended as it covers risks that standard home or building insurance won't, including loss of rent if a tenant defaults, malicious or accidental tenant damage, public liability if a tenant or visitor is injured, and legal costs if you need to go to court for eviction or compensation claims.
How often can I do inspections?
In WA, the first inspection can only be done after the first 6 weeks of the tenancy. Routine inspections are limited to a maximum of 4 per year (roughly every 3 months). You must give 7–14 days' written notice before attending, and inspections must be done at a reasonable time of day (generally between 8am and 6pm on a weekday, unless the tenant agrees otherwise).
Can I refuse pets in my rental property?
Yes — but only with a valid reason. Under WA's Residential Tenancies Act 1987, tenants have the right to request to keep a pet. You can approve the request (with reasonable conditions) or refuse it, but you must have a good reason (e.g. the property is unsuitable for pets, or strata by-laws prohibit animals). If a tenant disagrees with your refusal, they can apply to the WA Commissioner for Consumer Protection. If pets are approved, you can charge a one-off pet bond (maximum $260) to cover fumigation and cleaning at the end of the tenancy.
Do I need to provide air conditioning or heating?
No — there is no legal requirement in WA to provide air conditioning or heating in a rental property. However, if you do have heating or cooling appliances installed, you are legally required to keep them in good working order and arrange repairs within a reasonable timeframe. In Mandurah's hot summers, a property with a modern split-system air conditioner is likely to lease faster and attract more applications.
What if my tenant damages the property?
Tenants must repair or pay for accidental damage, deliberate damage, and neglect-related damage. Costs can be deducted from the tenant's bond or claimed through the Magistrates Court if costs exceed the bond. Landlords are responsible for fair wear and tear — damage that occurs through normal use of the property over time, such as carpet naturally wearing thin after years of use, faded paint from sunlight, or small cracks appearing in walls.
Can I evict a tenant without going to court?
No. In WA, you cannot evict a tenant yourself — even if they have breached the lease or stayed past the notice period. If a tenant refuses to leave after proper notice, you must apply to the WA Magistrates Court for a termination and possession order. Taking matters into your own hands — such as changing the locks, removing the tenant's belongings, or harassing them to leave — is illegal and can result in heavy fines and compensation orders against you.
What happens if I sell the property while it's tenanted?
Selling a rental property in WA does not automatically end the tenancy. If there is a fixed-term lease, it continues until the end date and the buyer becomes the new landlord who must honour the existing lease terms. If there is a periodic lease and the buyer requires vacant possession, you must give the tenant at least 30 days' written notice before settlement using Form 1C – Notice of Termination. If no notice is given, the tenancy continues and the buyer becomes the landlord at settlement.
Do I have to provide smoke alarms and RCDs?
Yes, this is a legal requirement in WA. Before a tenancy begins, every rental property must have smoke alarms that are hard-wired to mains power (unless the property qualifies for an exemption), comply with Australian Standard, and be tested and in working order. You must also have at least two Residual Current Devices (RCDs) installed on the property's switchboard, protecting all power points and lighting circuits. Failing to comply can result in fines of up to $20,000.
Can tenants stop paying rent if repairs aren't done?
No. In WA, tenants must keep paying rent on time, even if repairs or maintenance are overdue. Tenants should instead issue a breach notice (Notice to Lessor of Breach of Agreement) giving the landlord 14 days to carry out the repairs. If repairs are still not done, they can escalate to Consumer Protection WA or the Residential Tenancies Mandatory Conciliation Service.
What records must landlords keep?
Landlords should keep lease agreements and variations, bond lodgement receipts, rent payment history, and inspection reports and notices. Keeping accurate records protects you if there's ever a dispute with tenants or the Bond Administrator.
For Tenants
Can my landlord increase rent during a fixed lease?
No, not unless your lease specifically allows for it. In WA, your landlord can only increase rent during a fixed-term lease if the lease has a rent review clause stating how much the rent will increase or how it will be calculated, the first increase happens no earlier than 12 months after the lease start date, and you are given at least 60 days' written notice before the increase takes effect. If your lease does not mention rent increases, your rent stays the same until the lease ends.
What should I do if something breaks in my rental?
Always report issues to your property manager in writing (email or through your agency's maintenance portal) as soon as possible so there's a record. Urgent repairs (burst water pipes, dangerous electrical faults, gas leaks, failure of hot water or power, security issues) must be attended to within 24 hours. Non-urgent repairs (broken cupboard doors, dripping taps, minor appliance faults) should be arranged within 14 days. Take clear photos when reporting the issue.
Can I break my lease early?
Yes, but only if your landlord accepts your break lease request. You must notify your property manager in writing and wait for confirmation of acceptance and a list of costs you will need to pay. If you leave partway through a lease, you could be liable for rent and other costs until a replacement tenant moves in. You are also still responsible for looking after the property until a new tenant is found or your lease officially ends.
Am I responsible for garden and lawn care?
Yes, unless your lease says otherwise. Tenants are responsible for mowing the lawn regularly, weeding gardens and paved areas, and watering lawns and plants. Landlords are responsible for major works such as removing or lopping large trees and major landscaping or structural repairs.
What happens to my bond at the end of the tenancy?
If the property is left clean and undamaged (apart from fair wear and tear) and all rent and water charges are paid, your bond will be refunded in full. Your property manager will inspect the home and compare it to the original Property Condition Report. Both you and the landlord must agree on how the bond is to be paid out and sign the Disposal of Security Bond. If there's a dispute, either party can apply to the WA Magistrates Court for a decision.
Can the landlord enter the property without notice?
No, not unless there's an emergency. For routine inspections, 7–14 days' written notice is required, limited to 4 per year. For repairs, maintenance, or valuations, at least 48 hours' written notice is required. For showing the property to buyers or new tenants, at least 72 hours' written notice is required. In emergencies, immediate entry is allowed but you must be informed as soon as possible afterwards.
Do I have to get the carpets professionally cleaned?
Yes, this is a standard requirement in WA. Under the standard REIWA Residential Tenancy Agreement, tenants must have all carpets professionally cleaned at the end of the tenancy and provide a receipt to confirm this has been done. This applies even if the carpets look clean — it's a lease condition that must be met before bond can be released.
What if I disagree with a rent increase?
If you think your rent increase is too high, you can ask for comparable rental data from your property manager or look up similar properties online. If you still believe it's excessive, apply to the Residential Tenancies Mandatory Conciliation Service within 30 days of receiving the notice. If conciliation fails, you can then apply to the WA Magistrates Court for a decision. Act quickly — you only have 30 days from the date of the rent increase notice to challenge it.
Can I hang pictures or make changes to the property?
Only if you have written permission from your landlord or property manager. In WA, you must get approval before drilling holes or installing hooks, shelves, or a TV bracket, painting walls or changing fixtures, or making any other alterations or improvements. Your property manager may give conditions (e.g. you must patch and repaint walls when you move out).
Who pays for pest control?
Tenants are responsible for general pest control during the tenancy (ants, cockroaches, spiders, fleas) and treating fleas if they kept pets at the property. Landlords must pay for major infestations not caused by the tenant (e.g. termites, white ants) and ongoing treatment for structural pests such as termites.
Can my landlord refuse pets?
Yes, but they must have a valid reason. In WA, you have the right to request to keep a pet in a rental property. Your landlord can approve your request (with conditions) or refuse it, but they must give a good reason. If you believe the refusal is unreasonable, you can apply to the WA Commissioner for Consumer Protection to have the decision reviewed. Always get pet approval in writing before bringing an animal into the property.
Do I need contents insurance?
Yes, if you want your belongings to be protected. Your landlord's insurance only covers the building and the landlord's fixtures — not your personal belongings. Contents insurance can protect you against fire, storm, or flood damage to your belongings, theft or burglary, accidental damage to your items, and public liability if someone is injured in your rental.
Can I stop paying rent if repairs aren't done?
No, you must keep paying rent on time even if repairs are delayed. Stopping rent payments can put you in breach of your tenancy agreement and lead to termination proceedings. Instead, issue a breach notice giving your landlord 14 days to complete the repairs. If repairs are still not done, escalate to the Residential Tenancies Mandatory Conciliation Service or Consumer Protection WA. Always report repairs in writing and keep a copy of your breach notice.
What happens if my landlord sells the property?
Selling a rental property does not automatically end your tenancy. If you have a fixed-term lease, it continues under the new owner until the agreed end date. If you have a periodic lease and the buyer wants vacant possession, you must be given at least 30 days' written notice to vacate before settlement. If no notice is given, your tenancy continues under the new owner.
Do I have to allow home opens or photos?
Yes, but your landlord or property manager must give you reasonable notice and agree on a suitable time. You must receive reasonable written notice before the property is shown to buyers or advertised for sale (typically 7–14 days for the first entry notice, then reasonable notice for each subsequent showing). The landlord/agent must get your consent before taking and using photos of your belongings in advertising.
Who pays for water usage and rates?
In WA, tenants pay for water usage (consumption) if the property is individually metered — you must be given a copy of the Water Corporation invoice or a breakdown showing your exact usage. Landlords pay for water service charges (fixed supply charges), sewerage charges, and council rates.
Buying Property
How do I make an offer on a house?
In Western Australia, you make an offer by completing a Contract for Sale of Land or Strata Title by Offer and Acceptance (commonly called the O&A). This is the official sales contract used across WA. The O&A will include your offer amount, your details as the buyer, deposit amount, special conditions (e.g. subject to finance, subject to building/pest inspection), and the settlement date you are proposing. This is normally prepared through the selling real estate agent. Once both buyer and seller sign, the contract becomes legally binding.
Is there a cooling-off period in WA?
No — Western Australia does not have a cooling-off period for residential property sales. This means that once both parties sign the O&A, the contract is binding, subject only to the conditions written into it (for example, finance approval, building inspection, or pest inspection). Buyers should always make sure they are comfortable with the property and include the right conditions in the O&A before signing, because you cannot simply 'change your mind' afterwards.
What is stamp duty in WA?
Stamp duty (also called transfer duty) is a tax charged by the WA Government when you buy a property. It is calculated on the purchase price (or market value, whichever is higher). The more expensive the property, the higher the duty. First home buyers may be eligible for a stamp duty concession or exemption. Your settlement agent will calculate and arrange payment of stamp duty as part of the settlement process.
What happens if fittings or fixtures are removed before settlement?
Under WA law, the property must be handed over at settlement in the same condition it was when the contract was signed (allowing for fair wear and tear). Fixtures (things fixed to the property, like ovens, built-in wardrobes, air conditioners, or light fittings) must stay with the home unless specifically excluded in the O&A. If the seller removes a fixture before settlement without it being excluded in writing, they are in breach of contract. Always check the 'Inclusions/Exclusions' section of the O&A carefully and take photos at the home open so you have evidence if something is missing later.
What is finance approval in WA?
Finance approval is when the buyer's bank or lender formally agrees to provide the loan to complete the purchase. The O&A usually makes the sale 'subject to finance' with a set deadline (often 21 days). The buyer must notify the seller, through the agent or settlement agent, once finance is approved in writing. Until approval, the contract is conditional. Once approved, it becomes unconditional (subject only to other annexures like inspections). If the buyer fails to secure finance or notify by the deadline, the seller may terminate the contract.
What is a building inspection in WA?
A building inspection is carried out by a licensed inspector to check for major structural defects and safety issues. The buyer is responsible for arranging and paying for the inspection. The O&A sets a timeframe (commonly 7–14 days). If no major structural faults are found, the building condition annexure is satisfied. If major faults are identified, the buyer can request repairs, renegotiate, or withdraw (depending on the annexure terms). If the buyer misses the inspection deadline, they are deemed to have waived their right under the building condition clause.
What is a timber pest inspection in WA?
A timber pest inspection (termite inspection) checks for live termites, termite damage, wood borers, and fungal decay (wood rot). The buyer arranges and pays for this inspection. It must be done within the timeframe in the O&A (usually 7–14 days). If no issues are found, the annexure is satisfied. If pests or damage are detected, the buyer may request treatment/repairs or exit the contract. If the buyer misses the deadline, they lose the right to rely on this condition.
Why is the building and pest inspection deadline before finance approval?
In WA, the building and pest inspection deadlines are usually set before finance approval because banks and insurers often require these reports before granting finance. Lenders generally require buyers to take out building insurance, and insurers may not issue cover unless the property passes a building and pest inspection. Without insurance, finance cannot be finalised. This means inspections must be completed first, so reports can be provided to both the bank and insurer. Buyers should book inspections as soon as their offer is accepted.
Selling Property
Why do I need a real estate agent to sell my house in WA?
Legally, you don't need to use a real estate agent — you can sell privately. But unless you have strong knowledge of WA real estate laws and the O&A process, using a licensed agent is highly recommended. Reasons include: legal compliance (WA sales require strict disclosures, contracts, and forms — a mistake can delay or void settlement), protection from risk (experienced buyers can take advantage of private sellers who don't know their rights), marketing reach (only licensed agents can advertise on realestate.com.au, REIWA.com, and other major portals), and negotiation skills (agents manage multiple offers, drive competition, and secure the best possible terms and price).
How long is the listing period?
Most selling agency agreements in WA run for 90 days (3 months). This is the industry standard, but the timeframe can be shorter or longer depending on your situation. Sellers in Mandurah often prefer 90 days, giving the agent time to market across realestate.com.au, REIWA, and social media. Longer agreements are sometimes used for unique homes or higher-end properties. Under WA law, you must sign a selling agency agreement before your home can be advertised.
What is VPA (Vendor Paid Advertising)?
Vendor Paid Advertising (VPA) are the upfront marketing costs a seller pays to promote their property. These funds are deposited into the real estate agency's trust account and may cover online listings (realestate.com.au, REIWA.com, Domain), professional real estate photography and video, floorplans, drone footage, or virtual tours, newspaper or magazine ads, and brochures, flyers, and signboards. By law in WA, an agency cannot profit from VPA. Any unused money must be refunded once the listing ends or the property settles.
What is a selling agency agreement?
A selling agency agreement (sometimes called a listing authority) is the contract between you and your real estate agent. It authorises the agent to market and sell your home, confirms their commission, fees, and marketing budget, sets the listing period (e.g. 90 days), and outlines your rights and the agent's responsibilities. In WA, this agreement is required before your property can be legally listed for sale.
What is an Offer & Acceptance (O&A)?
The Contract for Sale of Land or Strata Title by Offer and Acceptance (O&A) is the official WA sales contract. It records the price offered, the deposit amount, finance approval date, settlement date, and special conditions (e.g. subject to building or pest inspections). Once signed by both buyer and seller, the O&A becomes legally binding.
What is a variation of contract?
A variation of contract is a written amendment to the original O&A. Both parties must agree and sign. Examples include extending the finance or settlement date, adding tenancy details if the property is sold with a lease, and changing deposit amounts or conditions. Verbal agreements don't count — all changes must be signed in writing to be enforceable in WA.
What is a settlement agent?
A settlement agent (also called a conveyancer) handles the legal transfer of property in WA. They prepare and lodge transfer documents, liaise with banks and government offices, adjust council rates, water rates, and strata levies, and ensure funds and title are exchanged correctly. Both buyers and sellers usually appoint their own settlement agent.
When do I receive the money after selling my home?
You receive your funds on settlement day. The buyer's lender pays the settlement funds. The settlement agent pays out the seller's mortgage and deducts agent commission. The balance is transferred into the seller's nominated bank account. Most sellers in Mandurah see cleared funds the same day or within 24 hours of settlement.
How does the agency get their commission?
The agent's commission is deducted from the sale proceeds at settlement. You don't pay upfront — commission is only payable if the property successfully sells and settles.
Do you need to pay a deposit when buying a house in WA?
There's no legal requirement for a deposit in WA, but it's standard practice. A deposit shows the buyer is genuine, strengthens the offer, and gives the seller financial security if the buyer defaults. Deposits are usually held in the agency's trust account until settlement, then applied to the purchase price.
When does the buyer take ownership?
The buyer becomes the legal owner at settlement, when the title transfers into their name, funds are paid in full, and keys are released. From settlement day, the buyer is responsible for the property, insurance, rates, and utilities.
Can the buyer move in before settlement?
Normally, the buyer does not get the keys or move in until settlement day — that's the day when the bank transfers the money, the title changes hands, and the sale is complete. Sometimes a buyer might ask to move in before settlement (called early possession). Both buyer and seller must sign a written agreement before this can happen, setting out whether the buyer needs to pay rent to the seller until settlement, who pays for power and water during this time, and who is responsible if something gets damaged. We generally don't recommend early possession as it can create problems for both sides if anything goes wrong.