FAQs for Landlords in Mandurah

❓ Can a landlord increase rent without notice?

No, rent increases in WA require proper notice and must follow the Residential Tenancies Act 1987 (WA).
 The rules depend on whether your lease is periodic (month-to-month) or fixed-term.

🔑 Periodic Lease (Month-to-Month)

  • Rent can only be increased once every 12 months.

  • You must be given at least 60 days’ written notice using the official Form 10 – Notice of Rent Increase.

📅 Fixed-Term Lease

  • 12 months or less:

    • Rent cannot be increased during the fixed term — no rent review clause is allowed.

    • The rent can only be renegotiated when the lease ends or is renewed.

  • Longer than 12 months (e.g. 24 months):

    • A rent review clause can be included if it specifies how and when the increase will occur.

    • The first increase must be at least 12 months after the start date.

    • You must still receive 60 days’ written notice before the increase takes effect.

✅ Example

You signed a 12-month lease on 1 January 2025:

  • Your rent stays exactly the same until 31 December 2025.

  • Your landlord can only negotiate a new rental amount when offering you a renewal.

You signed a 24-month lease on 1 January 2025:

  • The lease may include a clause like:
     “Rent will increase by $20 per week starting 1 January 2026.”

You must still receive written notice of this increase by 2 November 2025 (60 days prior).

Landlords must follow the legal notice process under the Residential Tenancies Act 1987 (WA). The type of tenancy determines what notice you need to give.

🔑 Periodic Tenancy (Month-to-Month)

  • Notice period: 60 days.

  • Form to use: Form 1C – Notice of Termination (Periodic Agreement).

  • Reason required? No — you do not need to provide a reason.

📅 Fixed-Term Tenancy

  • You cannot end a fixed-term tenancy before the lease expires without a breach by the tenant or mutual agreement.

  • To end at the end of the lease, you must give:

    • At least 30 days’ written notice before the lease end date.

    • Form to use: Form 1C – Notice of Termination (Fixed-Term Agreement).

    • Reason required? No — you do not need to provide a reason if you’re ending at the end of the lease term.

⚠️ If There’s a Breach

  • For non-payment of rent, property damage, or another breach, follow these steps:

    1. Issue a breach notice (Form 21 – Breach of Agreement).

    2. Give the tenant the required time to fix the breach (usually 14 days).

    3. If not fixed, issue a termination notice and follow the proper notice period.

🚫 Important:

You cannot evict a tenant yourself, change the locks, or remove their belongings without a court order.
 If tenants refuse to vacate after notice expires, you must apply to the WA Magistrates Court for a termination and possession order.

No. Under WA law, tenants have the right to quiet enjoyment of the property. Landlords (or their agents) must give proper written notice before entering, except in emergencies.

🗓 Notice Requirements

  • Routine Inspections

    • Give 7–14 days’ written notice.

    • Inspections can only be done up to four times per year (every 3 months).

  • Repairs & Maintenance

    • Give at least 48 hours’ written notice before attending for non-urgent repairs or maintenance.

  • Showing the Property to Buyers or New Tenants

    • Give at least 72 hours’ written notice and a reasonable opportunity for the tenant to agree on a time.

  • Emergencies

    • You may enter immediately for urgent situations (e.g. fire, gas leak, serious water leak), but you must notify the tenant as soon as possible afterwards.

🚫 No “Just Dropping By”

You cannot visit the property unannounced to check things like gardens, pools, or pets. This would breach the tenant’s right to privacy and quiet enjoyment.

✅ Example

You notice from the road that the lawn looks overgrown.

  • You cannot just go into the backyard to check it.

  • You must either schedule a routine inspection (if within your 4-per-year allowance) or give 48 hours’ notice for a maintenance check.

In WA, landlords must follow the formal breach process under the Residential Tenancies Act 1987 (WA). Skipping a step can make the notice invalid — and delay getting your property back.

📝 Step 1: Issue a Breach Notice

  • Use Form 21 – Breach of Agreement (Non-Payment of Rent).

  • The tenant has 14 full days from the date they receive the notice to pay the arrears in full.

🚪 Step 2: Termination Notice

  • If the tenant does not pay within 14 days, issue a Termination Notice for Non-Payment of Rent.

  • This gives the tenant 7 days’ notice to vacate the property.

⚖️ Step 3: Apply to the Magistrates Court

  • If the tenant does not vacate after the termination notice expires, apply to the WA Magistrates Court for:

    • A termination order (ending the lease).

    • A possession order (giving you the right to regain access).

  • Only after a court order can the bailiff lawfully remove a tenant.

💡 Tip:

Many Mandurah landlords rely on property managers to follow this process to the letter. Incorrect notice dates, forms, or delivery methods can make the notice invalid — causing costly delays.

No — landlord insurance is not legally mandatory in WA.
 However, it is highly recommended because it covers risks that standard home or building insurance won’t.

🛡 What Landlord Insurance Can Cover

  • Loss of Rent

    • If a tenant defaults on rent, abandons the property, or if the property becomes uninhabitable after an insured event.

  • Tenant Damage

    • Malicious damage (intentional harm to the property).

    • Accidental damage (e.g. broken fixtures, stained carpets).

  • Public Liability

    • Protects you if a tenant or visitor is injured on the property and makes a claim.

  • Legal Costs

    • Covers expenses if you need to go to court for eviction or compensation claims.

💡 Why It’s Recommended

Many Perth and Mandurah landlords consider this essential because standard building insurance does not cover tenant-related risks. Without landlord insurance, you may be out-of-pocket for unpaid rent, repairs, or legal costs.

  • In WA, landlords and property managers must follow the rules under the Residential Tenancies Act 1987 (WA) when conducting inspections.

    🗓 Timing Rules

    • First Inspection:

      • Can only be done after the first 6 weeks of the tenancy.

    • Routine Inspections:

      • Limited to a maximum of 4 per year (roughly every 3 months).

      • Cannot exceed this limit even if you want to “check in” more often.

    📝 Notice Requirements

    • You must give 7–14 days’ written notice before attending.

    • Inspections must be done at a reasonable time of day (generally between 8am and 6pm on a weekday, unless the tenant agrees otherwise).

    ✅ Example

    A Mandurah landlord may inspect in February, May, August, and November — but not more than four times in a year.

Yes — but only with a valid reason.
 Under WA’s Residential Tenancies Act 1987, tenants have the right to request to keep a pet. As a landlord, you can:

  • Approve the request (with reasonable conditions, e.g. pet type, number).

  • Refuse the request, but you must have a good reason (for example, 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 to review your decision.

🐾 If Pets Are Approved

  • You can charge a one-off pet bond (maximum $260).

  • This covers fumigation and cleaning at the end of the tenancy (does not cover damage).

  • Clearly record the type and number of pets in the lease to avoid disputes.

✅ Example

You approve a tenant’s request for one small dog.

  • Add a special condition to the lease stating:
     “Tenant may keep one small dog at the property. A pet bond of $260 is payable.”

  • If the tenant later wants to add another pet, they must seek your written approval first.

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.

  • Arrange for repairs within a reasonable timeframe if they break down (just like with any other fixture).

💡 Why It Matters for Landlords

While not mandatory, providing climate control can make your property more appealing:

  • Faster leasing: Homes with air conditioning generally rent more quickly, especially during summer.

  • Higher rent potential: Tenants are often willing to pay more for a property that’s comfortable year-round.

✅ Example

In Mandurah’s hot summers, a property with a modern split-system air conditioner is likely to lease faster — and attract more applications — compared to one without.

  • Responsibility depends on whether the issue is damage or fair wear and tear.

    🛠 Tenant Responsibility

    Tenants must repair or pay for:

    • Accidental damage (e.g. broken window from a ball).

    • Deliberate damage (e.g. holes punched in walls, missing fixtures).

    • Neglect-related damage (e.g. dying garden due to lack of watering).

    Costs can be:

    • Deducted from the tenant’s bond.

    • Claimed through the Magistrates Court if the cost exceeds the bond.

    🏠 Landlord Responsibility

    Landlords are responsible for fair wear and tear, which occurs through normal use of the property over time. Examples:

    • Carpet naturally wearing thin after years of use.

    • Faded paint from sunlight.

    • Small cracks appearing in walls.

    ✅ Example

    • Tenant Damage: Wine spill causing a large carpet stain, tenant pays for cleaning or replacement.

    • Fair Wear & Tear: Carpet becoming threadbare or sun damaged after 10+ years, landlord covers replacement.

No. In WA, you cannot evict a tenant yourself — even if they have breached the lease or stayed past the notice period.

🏛 What You Must Do

  • If a tenant refuses to leave after proper notice (e.g. termination notice for non-payment of rent or end of lease):

    1. Apply to the WA Magistrates Court for a termination and possession order.

    2. Once granted, arrange for a court-appointed bailiff to carry out the eviction if needed.

⚠️ Important Warning

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 the landlord.

✅ Best Practice

Work with a property manager or follow the legal process step by step. This keeps the eviction valid and avoids costly delays or penalties.

  • Selling a rental property in WA does not automatically end the tenancy. What happens depends on whether the lease is fixed-term or periodic.

    📅 Fixed-Term Lease

    • The lease continues until the end date.

    • The buyer becomes the new landlord and must honour the existing lease terms, including rent amount and duration.

    • You cannot make the tenant leave before the lease ends unless they agree.

    🔑 Periodic Lease (Month-to-Month)

    • If the buyer requires vacant possession, you (or the selling agent) must give the tenant:

      • At least 30 days’ written notice before settlement.

      • Use Form 1C – Notice of Termination (Periodic Tenancy).

    If no notice is given, the tenancy continues and the buyer becomes the landlord at settlement.

    ✅ Example

    You sell a Mandurah rental with a fixed-term lease until 30 June 2026:

    • The new owner must keep the tenant in place until the lease expires, unless the tenant agrees to end early.

    You sell a property on a periodic lease and the buyer wants it vacant:

    • You must issue 30 days’ notice before settlement so the tenant vacates in time.

Yes, this is a legal requirement in WA.
 Before a tenancy begins, every rental property must have:

🔥 Smoke Alarms

  • Must be hard-wired to mains power (unless the property qualifies for an exemption, e.g. no mains power available, then long-life battery alarms are permitted).

  • Must comply with Australian Standard for smoke alarms.

  • Must be tested and in working order before a tenant moves in.

⚡ Residual Current Devices (RCDs)

  • You must have at least two RCDs installed on the property’s switchboard.

  • They must protect all power points and lighting circuits.

  • RCDs must be tested and functioning correctly prior to tenancy.

✅ Tip

Failing to comply can result in fines of up to $20,000.
 Many Mandurah landlords organise professional checks before leasing to avoid liability and ensure tenant safety.

No. In WA, tenants must keep paying rent on time, even if repairs or maintenance are overdue.

🛠 What Tenants Should Do Instead

If repairs are not being done, tenants can:

  1. Issue a breach notice (Notice to Lessor of Breach of Agreement) giving the landlord 14 days to carry out the repairs.

  2. If repairs are still not done after the breach period, escalate to Consumer Protection WA or the Residential Tenancies Mandatory Conciliation Service to resolve the issue.

⚠️ Important

Withholding rent is not allowed and may result in a breach or termination notice being issued to the tenant for non-payment.

✅ Example

If the oven stops working:

  • The tenant must still pay rent.

  • They should issue a Form 23 breach notice to the landlord.

If no action is taken within 14 days, they can escalate to Consumer Protection for assistance.

  • Lease agreements and variations

  • Bond lodgement receipts

  • Rent payment history

  • Inspection reports and notices

👉 Keeping accurate records protects you if there’s ever a dispute with tenants or the Bond Administrator.

FAQs for Tenants in Mandurah

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.

  • You are given at least 60 days’ written notice before the increase takes effect.

✅ Tip

If your lease does not mention rent increases, your rent stays the same until the lease ends, your landlord can only propose a new rent when offering a lease renewal.

  • Always report issues to your property manager or landlord as soon as possible, in writing (email or through your agency’s maintenance portal) so there’s a record.

    🚨 Urgent Repairs

    Must be attended to within 24 hours of being reported.
     Examples of urgent repairs include:

    • Burst water pipes or serious leaks

    • Dangerous electrical faults

    • Gas leaks

    • Failure of hot water, power, or sewerage systems

    • Security issues (broken locks, smashed windows)

    🛠 Non-Urgent Repairs

    Should be arranged within 14 days of reporting.
     Examples:

    • Broken cupboard doors

    • Dripping taps

    • Minor appliance faults

    ✅ Tip

    Take clear photos when reporting the issue, this helps your property manager organise the right tradesperson faster and ensures there’s no dispute later.

Yes, but only if your landlord accepts your break lease request.

If you want to end your lease before the agreed end date, you must:

  1. Notify your property manager in writing.

  2. Wait for confirmation of acceptance and a list of costs you will need to pay.

✅ Example

If you leave a Mandurah rental after 6 months into a 12-month 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.

Yes, unless your lease says otherwise.

Tenants are responsible for:

  • Mowing the lawn regularly.

  • Weeding gardens and paved areas.

  • Watering lawns and plants (if reticulation is installed, keeping it in working order and using it as required).

🌳 What the Landlord Must Do

Landlords are responsible for major works, such as:

  • Removing or lopping large trees.

  • Major landscaping or structural repairs.

 

✅ Example

You must mow and water the lawn at a Mandurah rental, but if a large tree becomes dangerous and needs removal, that’s the landlord’s responsibility.

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.

🔑 Bond Refund Process

  1. Final Inspection: Your property manager will inspect the home and compare it to the original Property Condition Report (PCR).

  2. Bond Disposal Form: Both you and the landlord must agree on how the bond is to be paid out and sign the Disposal of Security Bond.

  3. Refund: The Bond Administrator releases the funds to your nominated account.

⚖️ If There’s a Dispute

If you and the landlord cannot agree (e.g. over cleaning, damage, or unpaid rent):

  • Either party can apply to the WA Magistrates Court for a decision.

  • The bond money will be held until the matter is resolved.

✅ Tip

Leaving the property spotless, mowing the lawns, and returning all keys on time makes the bond refund process much faster.

No, not unless there’s an emergency.
In WA, tenants have the legal right to quiet enjoyment of the property, which means your landlord or property manager must give proper written notice before entering.

🗓 Notice Requirements

  • Routine Inspections:

    • 7–14 days’ written notice.

    • Limited to a maximum of 4 per year (every 3 months).

  • Repairs, Maintenance, or Valuations:

    • At least 48 hours’ written notice.

  • Showing the Property to Buyers or New Tenants:

    • At least 72 hours’ written notice and a reasonable opportunity for you to agree on a time.

  • Emergencies:

    • Immediate entry is allowed (e.g. fire, gas leak, serious water leak).

    • You must be informed as soon as possible afterwards.

✅ Tip

If a landlord or agent tries to enter without proper notice, you can:

  • Politely remind them of your rights.

  • If your landlord or agent continues to enter without notice, you can issue a breach notice (Form 23) giving them 14 days to stop breaching your right to quiet enjoyment.

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.

  • 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.

✅ Tip

Book your carpet clean in advance and keep the receipt.
 Providing this to your property manager speeds up your final bond refund and avoids disputes.

  • If you think your rent increase is too high, you can:

    1. Ask for comparable rental data from your property manager or look up similar properties online.

    2. 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

    If an agreement can’t be reached through conciliation, you can then apply to the WA Magistrates Court for a decision.
    The court will compare your rent with similar properties in your area (e.g. Mandurah, Rockingham, Perth) before deciding whether the increase is reasonable.

    ✅ Tip

    Act quickly, you only have 30 days from the date of the rent increase notice to challenge it.

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.

  • Making any other alterations or improvements.

Your property manager may give conditions (e.g. you must patch and repaint walls when you move out).

✅ Example

If you hang a TV bracket without permission and leave holes or damage behind, the repair costs could be deducted from your bond at the end of the tenancy.

  • It depends on the type of pest and when the infestation occurs.

    🧹 Tenant Responsibility

    Tenants are responsible for:

    • General pest control during the tenancy (e.g. ants, cockroaches, spiders, fleas).

    • Treating fleas if they kept pets at the property.

    • Keeping the home clean to prevent infestations.

    🏠 Landlord Responsibility

    Landlords must pay for:

    • Major infestations not caused by the tenant (e.g. termites, white ants).

    • Ongoing treatment for structural pests such as termites to keep the property safe.

    ✅ Example

    • If cockroaches appear during your tenancy → Tenant arranges treatment.

    • If termites are found in the roof beams → Landlord arranges and pays for treatment.

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, such as type or number of pets).

  • Refuse your request, but they must give a good reason, for example:

    • Strata by-laws prohibit pets.

    • The property is unsuitable for the type of pet (e.g. no secure fencing).

🏛 If You Disagree

If you believe the refusal is unreasonable, you can apply to the WA Commissioner for Consumer Protection to have the decision reviewed.

✅ Tip

Always get pet approval in writing (including type and number of pets) before bringing an animal into the property. This helps avoid disputes later.

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.

🛡 Why Contents Insurance Matters

Contents insurance can protect you against:

  • Fire, storm, or flood damage to your belongings.

  • Theft or burglary.

  • Accidental damage to your items.

  • Public liability (if someone is injured in your rental and you are found responsible).

 

✅ Example

If a fire damages the property and destroys your furniture, you won’t be covered by the landlord’s insurance. You would only be reimbursed if you have your own contents policy.

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.

🛠 What You Should Do Instead

  1. Issue a breach notice (Notice to Lessor of Breach of Agreement) giving your landlord 14 days to complete the repairs.

  2. If repairs are still not done after 14 days, you can escalate to the Residential Tenancies Mandatory Conciliation Service or Consumer Protection WA for help.

  3. As a last resort, you can apply to the Magistrates Court for an order requiring the landlord to complete the repairs.

✅ Tip

Always report repairs in writing and keep a copy of your breach notice, this creates a paper trail in case the matter needs to be escalated.

Selling a rental property does not automatically end your tenancy. What happens depends on your type of lease.

📅 Fixed-Term Lease

  • Your lease continues under the new owner until the agreed end date.

  • The buyer becomes your new landlord and must honour all terms, including rent amount and expiry date.

  • You cannot be asked to leave early unless you agree in writing.

🔑 Periodic Lease (Month-to-Month)

  • If 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.

✅ Example

If your lease runs until May 2026:

    • The new owner must honour it, even if they want to move in themselves.

    • You would remain in the property until the lease ends or until you agree to end it early.
  •  

Yes, but your landlord or property manager must give you reasonable notice and agree on a suitable time.

🗓 Notice Requirements

  • You must receive reasonable written notice before the property is shown to buyers or advertised for sale.

  • Typically, 7–14 days’ notice is given for the first entry notice, then reasonable notice for each subsequent showing.

  • You can negotiate times to minimise disruption (e.g. evenings or weekends if that suits you better).

📸 Photos & Advertising

  • The landlord/agent must get your consent before taking and using photos of your belongings in advertising.

  • You can ask for personal items to be removed from photos if you’re concerned about privacy.

✅ Tip

Communicate with your property manager, agreeing on a schedule for openings can make the process smoother for everyone and reduce stress.

In WA, who pays depends on the type of charge:

💧 Water Usage (Consumption)

  • Tenant pays if the property is individually metered.

  • You must give the tenant a copy of the Water Corporation invoice or a breakdown of charges showing their exact usage.

🏠 Service Charges & Rates

  • Landlord pays for:

    • Water Corporation service charges (fixed supply charges).

    • Sewerage charges (fixed charges).

    • Council rates (local government rates).

✅ Example

Water Corporation bill shows:

Charge Type

Who Pays?

Water Usage (kL used)

Tenant

Water Service Charge (fixed)

Landlord

Sewerage Service Charge

Landlord

Drainage Charge

Landlord

So, if the total bill is $400 and $250 is usage, you on-charge $250 to the tenant and the landlord pays $150 for service/sewerage charges.



Buying Property in Mandurah

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 (purchase price)
  • Your details as the buyer
  • Deposit amount
  • Special conditions (e.g. subject to finance, subject to building/pest inspection)
  • Settlement date you are proposing

Normally, this is prepared through the selling real estate agent. Best practice is to:

  1. Email or text the selling agent with your offer amount and any conditions you want.
  2. Ask them to prepare the official O&A.
  3. Once it’s drafted, review it carefully before signing.

This can also be done at a face to face appointment, an email ensures all offer details are in writing to ensure all requests are met

Once both buyer and seller sign, the contract becomes legally binding.

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.

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 qualify for a stamp duty exemption or discount on properties under certain thresholds.

  • Your settlement agent will calculate the exact amount and ensure it is paid to RevenueWA before settlement can be completed.

👉 In Mandurah and Perth, stamp duty can add tens of thousands of dollars to the cost of buying a home, so it’s important to budget for it alongside your deposit and other settlement costs.

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.

  • Fittings or chattels (movable items like furniture, curtains, or appliances) only stay if they were specifically included in the O&A.

⚠️ If the seller removes a fixture before settlement without it being excluded in writing, they are in breach of contract. The buyer can:

  • Demand the fixture be replaced before settlement, or

  • Request compensation or an adjustment to the settlement amount through their settlement agent.

👉 Tip: 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.

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.

  • 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, any later report has no effect. The buyer is deemed to have waived their right under the building condition clause.

A timber pest inspection (termite inspection) checks for:

  • Live termites

  • Termite damage

  • Wood borers

  • 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.

In WA, the building and pest inspection deadlines are usually set before finance approval. This is because banks and insurers often require these reports before granting finance.

  • Lenders generally require buyers to take out building insurance.

  • 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.

⚠️ Tip: In Mandurah and Perth, buyers should book inspections as soon as their offer is accepted. Missing the inspection deadline can delay finance or even cause the contract to fall through.

Selling a Property in Mandurah

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 Contract for Sale of Land (O&A) process, using a licensed agent is highly recommended.

Reasons sellers in Mandurah and Perth choose an agent:

  • 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. Private sellers miss out on most active buyers.

  • Negotiation skills: Agents manage multiple offers, drive competition, and secure the best possible terms and price.

👉 Bottom line: An agent provides legal protection, stronger marketing, and better results than going it alone.

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.

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 & video

  • Floorplans, drone footage, or virtual tours

  • Newspaper or magazine ads

  • 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.

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).

  • Outlines your rights and the agent’s responsibilities.

In WA, this agreement is required before your property can be legally listed for sale.

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

  • Special conditions (e.g. subject to building or pest inspections)

Once signed by both buyer and seller, the O&A becomes legally binding.

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

  • Changing deposit amounts or conditions

⚠️ Verbal agreements don’t count — all changes must be signed in writing to be enforceable in WA.

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

  • Ensure funds and title are exchanged correctly

Both buyers and sellers usually appoint their own settlement agent.

You receive your funds on settlement day. Here’s how it works:

  1. The buyer’s lender pays the settlement funds.

  2. The settlement agent pays out the seller’s mortgage and deducts agent commission.

  3. 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.

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.

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

  • 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.

The buyer becomes the legal owner at settlement, when:

  • The title transfers into their name

  • Funds are paid in full

  • Keys are released

From settlement day, the buyer is responsible for the property, insurance, rates, and utilities.

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, though, a buyer might ask to move in before settlement. This is called early possession.

Here’s how it works:

  • Both buyer and seller must sign a written agreement before this can happen.

  • The agreement should set out:

    • If the buyer needs to pay rent to the seller until settlement.

    • Who pays for things like power and water during this time.

    • Who is responsible if something gets damaged.

  • Even with an agreement, there are risks. Because the buyer isn’t yet the legal owner, insurance companies might refuse to cover damage (for example, if there was a fire).

👉 That’s why we don’t usually recommend early possession. It can create problems for both sides if anything goes wrong. The safest option is for the buyer to wait until settlement day to move in.