Schedule 5 — Prescribed offences and modified penalties
Notes
Compilation table 82
Other notes 86
Defined terms
Residential Tenancies Act 1987
Part 1 — Preliminary
[Heading inserted: Gazette 3 May 2013 p. 1737.]
1. Citation
These regulations may be cited as the Residential Tenancies Regulations 1989.
2. Commencement
These regulations shall come into operation on the day on which the Residential Tenancies Act 1987 comes into operation.
[2A. Deleted: Gazette 3 May 2013 p. 1738.]
3A. Terms used
In these regulations —
BondsOnline eTransactions means the electronic system known as BondsOnline eTransactions that —
(a) is administered by the bond administrator and accessible through the Department’s website; and
(b) facilitates payments, applications and other processes under the Act in relation to security bonds;
Department’s website means a website maintained by, or on behalf of, the Department;
housing management agreement means an agreement entered into under —
(a) the Housing Act 1980 section 62B(1); or
(b) the Housing Regulations 1980 regulation 6D(1);
installing includes replacing but does not include altering;
WA Country Health Service means the health service provider with the corporate name “WA Country Health Service” established under the Health Services (Health Service Providers) Order 2016 clause 14(1).
[Regulation 3A inserted: Gazette 3 May 2013 p. 1738; amended: SL 2024/149 r. 4; SL 2026/4 r. 13.]
Part 2 — Application of Act, modification of application
[Heading inserted: Gazette 21 Mar 2014 p. 731.]
3. Exemption for retirement villages
(1) Any residential tenancy agreement in respect of premises in a retirement village is a prescribed agreement for the purposes of section 5(2)(g) of the Act.
(2) In subregulation (1) retirement village has the same meaning as in the .
Part Part 4 - Residential Tenancies Regulations 1989 - Transitional provisions | Zoe
Retirement Villages Act 1992
[Regulation 3 amended: Gazette 8 Jan 1993 p. 29.]
4. Exemption for certain agreements with squatters
(1) A residential tenancy agreement to which this regulation applies is a prescribed agreement for the purposes of section 5(2)(g) of the Act.
(2) This regulation applies to a residential tenancy agreement between a local government, management body as defined in section 3(1) of the Land Administration Act 1997, or a State Government agency and an occupant of a coastal shack, for the purposes of implementing the Government’s policy on the removal of squatters from lands of the Crown, being an agreement —
(a) entered into with the approval of the Minister for Lands under power conferred by Order under section 33(2) of the Land Act 1933 1; or
(aa) entered into with the approval of the Minister for Lands under power conferred by Order under section 46(3)(a) of the Land Administration Act 1997; or
(b) entered into by a State Government agency under powers conferred by another Act, over lands of the Crown vested in that agency.
[Regulation 4 amended: Gazette 12 Feb 1993 p. 1214; 19 Feb 1999 p. 553.]
5. Exemption for certain agreements under Land Act 1933
(1) The Governor, the Minister within the meaning of the Land Act 1933 1, or other person acting on behalf of the Crown in exercise of a specified power is prescribed for the purposes of section 5(2)(f) of the Act.
(2) In subregulation (1) specified power means the power to grant or issue a lease or licence under section 32(1) or (2), 38(1), 41A(1), 43, 45A(1), 45B(1), 47(4), 53, 86, 116 or 117, or under Part VI, of the Land Act 1933 1, or under the War Service Land Settlement Scheme Act 1954.
(3) A residential tenancy agreement entered into in pursuance of a direction to lease given under section 33(3)(a) of the Land Act 1933 1 is a prescribed agreement for the purposes of section 5(2)(g) of the Act.
5AAA. Application of Act to certain accommodation at St Thomas More College
St Thomas More College means the premises comprising St Thomas More College on Mounts Bay Road, Crawley.
(2) The following accommodation at St Thomas More College is prescribed for the purposes of section 5(3)(b) of the Act —
(a) the student accommodation provided in the building on the western side of the College; and
(b) the student accommodation provided in the southern‑most building of the College.
[Regulation 5AAA inserted: Gazette 21 Mar 2014 p. 731.]
[5AA. Deleted: SL 2024/149 r. 5.]
5AB. Exemptions from section 27A of Act — residential agreements not required to be in approved form
Under section 6(a) of the Act it is provided that section 27A of the Act shall not apply to the following —
(a) a residential tenancy agreement in relation to premises to which a housing management agreement applies;
(i) the Housing Authority is a party to the agreement; and
(ii) the agreement provides that, or is deemed to contain a provision to the effect that, the tenant may sub‑let the premises; and
(iii) the agreement is entered into by the Housing Authority on the basis that the premises will be sub‑let;
(ba) a residential tenancy agreement if —
(i) the WA Country Health Service is the tenant under the agreement; and
(ii) the agreement provides that, or is deemed to contain a provision to the effect that, the tenant may sub‑let the premises; and
(iii) the WA Country Health Service entered into the agreement on the basis that the premises will be sub‑let to a person employed or engaged by the WA Country Health Service;
(i) the agreement is renewed or extended; and
(ii) there has been no change to the parties to the agreement; and
(iii) any material changes to the agreement are agreed in writing between the parties to the agreement.
[Regulation 5AB inserted: Gazette 3 May 2013 p. 1739; amended: Gazette 21 Aug 2015 p. 3311; SL 2026/4 r. 14.]
5ABA. Modified application of Act s. 27A — lessor may enter into agreement amended to reflect lawful terms
Under section 6(a) of the Act it is provided that section 27A of the Act applies to any written residential tenancy agreement as if it were modified by:
(a) deleting “A lessor” and inserting:
(1) A lessor
(b) inserting at the end of section 27A:
(2) However, the lessor, and property manager, if any, do not commit an offence against subsection (1) if the written residential tenancy agreement has been amended only to the extent necessary to —
(a) reflect the terms that lawfully apply to the agreement; or
(b) make incidental changes because the agreement has been amended under paragraph (a).
[Regulation 5ABA inserted: SL 2023/206 r. 4; amended: SL 2024/149 r. 6.]
5AC. Exemption from section 27B of Act if residential tenancy agreement extended or renewed
Under section 6(a) of the Act it is provided that section 27B of the Act shall not apply to a residential tenancy agreement if —
(a) the agreement is renewed or extended; and
(b) there has been no change in the parties to the agreement.
[Regulation 5AC inserted: Gazette 3 May 2013 p. 1740.]
5ACA. Modified application of Act s. 27C(1) for Housing Authority
(a) a residential tenancy agreement (the previous agreement) for residential premises (the premises) has terminated under section 60(1)(i) of the Act; and
(b) a person who was occupying the premises immediately before the previous agreement terminated is the tenant under a residential tenancy agreement (the current agreement) for the premises; and
(c) the Housing Authority was the lessor under the previous agreement and is the lessor under the current agreement.
(2) Under section 6(b) of the Act it is provided that section 27C(1) of the Act applies to the premises and, under section 6(c) of the Act, to the Housing Authority and a property manager acting on behalf of the Housing Authority as if it were modified by deleting “7 days after a tenant has entered into occupation of residential premises under” and inserting:
14 days after a tenant has signed
[Regulation 5ACA inserted: SL 2026/4 r. 15.]
5AD. Modified application of section 27C(4) of Act for Housing Authority
person of Aboriginal descent has the meaning given in the Aboriginal Affairs Planning Authority Act 1972 section 4.
(2) This regulation applies if the Housing Authority is the lessor of residential premises (the premises) that are located more than 100 km from the nearest office of the Housing Authority.
(3) Under section 6(b) of the Act it is provided that section 27C of the Act shall apply to the premises and, under section 6(c) of the Act, to the Housing Authority and a property manager acting on behalf of the Housing Authority, as if it were modified as follows —
(b) after subsection (4) insert:
(4AA) The Housing Authority or a property manager acting on behalf of the Housing Authority is not required to comply with subsection (4) within 28 days after the termination of a tenancy if, in that period, the Housing Authority or property manager is unable to inspect the residential premises because —
(a) of weather conditions or road closure; or
(b) the premises are premises to which a housing management agreement applies, and a person of Aboriginal descent in relation to the community that lives on the land on which the premises are located has refused the Housing Authority or property manager access to the land.
[Regulation 5AD inserted: Gazette 3 May 2013 p. 1740-1; amended: SL 2026/4 r. 16.]
5AE. Exemption of Housing Authority from Act s. 27C(4) if agreement terminated under Act s. 60(1)(i)
(a) a residential tenancy agreement (the previous agreement) for residential premises (the premises) has terminated under section 60(1)(i) of the Act; and
(b) the Housing Authority was the lessor under the previous agreement; and
(c) the Housing Authority intends to enter into as lessor, or is the lessor under, a new residential tenancy agreement for the premises with a person who occupied the premises immediately before the previous agreement terminated.
(2) Under section 6(b) of the Act it is provided that section 27C(4) of the Act does not apply to the premises or, under section 6(c) of the Act, to the Housing Authority or a property manager acting on behalf of the Housing Authority.
[Regulation 5AE inserted: SL 2026/4 r. 17.]
5AF. Modified application of Act s. 27C(4) for WA Country Health Service: tenancy longer than 3 months
(a) the WA Country Health Service is the lessor under a residential tenancy agreement for residential premises (the premises) that are located more than 100 km from the nearest office of the WA Country Health Service; and
(b) the agreement is for a fixed term of more than 3 months; and
(c) a tenant under the agreement is employed or engaged by the WA Country Health Service.
(2) Under section 6(b) of the Act it is provided that section 27C of the Act applies to the premises and, under section 6(c) of the Act, to the WA Country Health Service and a property manager acting on behalf of the WA Country Health Service as if it were modified as follows:
(b) before subsection (4A) insert:
(4AB) The WA Country Health Service or a property manager acting on behalf of the WA Country Health Service is not required to comply with subsection (4) within 28 days after the termination of a tenancy if, in that period, the WA Country Health Service or property manager is unable to inspect the residential premises because of weather conditions or road closure.
(4AC) In subsection (4AB) —
WA Country Health Service means the health service provider with the corporate name “WA Country Health Service” established under the Health Services (Health Service Providers) Order 2016 clause 14(1).
[Regulation 5AF inserted: SL 2026/4 r. 17.]
5AG. Modified application of Act s. 27C(4) for WA Country Health Service: tenancy 3 months or less and no shared accommodation
(a) the WA Country Health Service is the lessor under a residential tenancy agreement for residential premises (the premises) that are located more than 100 km from the nearest office of the WA Country Health Service; and
(b) the agreement is for a fixed term of 3 months or less; and
(c) a tenant under the agreement is employed or engaged by the WA Country Health Service; and
(d) the WA Country Health Service does not provide shared accommodation to its employees or contractors at the premises.
(2) Under section 6(b) of the Act it is provided that section 27C of the Act applies to the premises and, under section 6(c) of the Act, to the WA Country Health Service and a property manager acting on behalf of the WA Country Health Service as if it were modified as follows:
(b) before subsection (4A) insert:
(4AB) The WA Country Health Service or a property manager acting on behalf of the WA Country Health Service is not required to comply with subsection (4) within 28 days after the termination of a tenancy if, in that period, the WA Country Health Service or property manager is unable to inspect the residential premises because of weather conditions or road closure.
(4AC) In subsection (4AB) —
WA Country Health Service means the health service provider with the corporate name “WA Country Health Service” established under the Health Services (Health Service Providers) Order 2016 clause 14(1).
[Regulation 5AG inserted: SL 2026/4 r. 17.]
5AH. Exemption of WA Country Health Service from Act s. 27C(1) and (4): tenancy 3 months or less and shared accommodation
(a) the WA Country Health Service is the lessor under a residential tenancy agreement for residential premises (the premises) that are located more than 100 km from the nearest office of the WA Country Health Service; and
(b) the agreement is for a fixed term of 3 months or less; and
(c) a tenant under the agreement is employed or engaged by the WA Country Health Service; and
(d) the WA Country Health Service provides shared accommodation to its employees or contractors at the premises.
(2) Under section 6(b) of the Act it is provided that section 27C(1) and (4) of the Act do not apply to the premises or, under section 6(c) of the Act, to the WA Country Health Service or a property manager acting on behalf of the WA Country Health Service.
[Regulation 5AH inserted: SL 2026/4 r. 17.]
5A. Exemption of Housing Authority from sections 29(4)(b) and 33 of Act
(1A) In this regulation —
commencement day means the day on which the Residential Tenancies Amendment Act 2011 section 25(4) comes into operation.
(1B) Under section 6(a) of the Act it is provided that section 29(4)(b) of the Act shall not apply to a residential tenancy agreement if —
(a) the Housing Authority is the lessor; and
(b) the agreement was entered into before the commencement day.
(1) The Housing Authority is prescribed under section 6(c) of the Act as an agency to which section 33 of the Act shall not apply.
(2) If a residential tenancy agreement is entered into by the Housing Authority and a condition of the tenancy is that the tenant will pay a bond by instalments, under section 6(a) of the Act it is provided that section 29(4)(a) of the Act shall not apply to the residential tenancy agreement and, under section 6(c) of the Act, shall not apply to the Housing Authority.
[Regulation 5A inserted: Gazette 13 Dec 1991 p. 6154; amended: Gazette 30 Dec 1994 p. 7231‑2; 31 Jul 2007 p. 3790; 3 May 2013 p. 1741-2.]
[5BA. Deleted: SL 2026/4 r. 18.]
5B. Exemptions from section 30(1) of Act
Government employee has the meaning given in the Government Employees’ Housing Act 1964 section 5.
(2A) Under section 6(a) of the Act it is provided that section 30(1) of the Act shall not apply to the following —
(a) a residential tenancy agreement if —
(i) the lessor is an employer specified in the Table to this subregulation; and
(ii) an employee of an employer specified in the Table to this subregulation is a tenant under that agreement;
(i) the lessor is the Housing Authority or a Department (as defined in the Government Employees’ Housing Act 1964 section 5); and
(ii) the premises are let to a Government employee under the Government Employees’ Housing Act 1964;
(i) the lessor is the WA Country Health Service; and
(ii) a tenant under the agreement is employed or engaged by the WA Country Health Service.
Table
| The Electricity Generation and Retail Corporation |
| The Electricity Networks Corporation |
| The Public Transport Authority of Western Australia |
| The Regional Power Corporation |
(2) The premises set out in the Table to this subregulation are prescribed under section 6(b) of the Act as premises to which section 30(1) of the Act shall not apply.
Table
| “Butler’s Cottage”, Government House, 7‑21 St. George’s Terrace, Perth |
(3) The agencies set out in the Table to this subregulation are prescribed under section 6(c) of the Act as agencies to which section 30(1) of the Act shall not apply.
| Table |
| The Botanic Gardens and Parks Authority |
| The Commissioner of Main Roads |
| The department of the Public Service principally assisting in the administration of the Agriculture Act 1988 2 |
| The department of the Public Service principally assisting in the administration of the Sports Drug Testing Act 2001 |
| The Housing Authority |
| The Western Australian Meat Industry Authority |
(4) A residential tenancy agreement —
(a) in which the Crown, or a person or agency who acts on behalf of the Crown, acts in the capacity of the lessor of residential premises; and
(b) under which an officer of the Public Service employed in a department specified in the Table to this subregulation is a tenant,
is prescribed under section 6(a) of the Act as a residential tenancy agreement to which section 30(1) of the Act shall not apply.
Table
| The department of the Public Service principally assisting in the administration of the Health Legislation Administration Act 1984 |
[Regulation 5B inserted: Gazette 6 Apr 1990 p. 1701; erratum: Gazette 12 Apr 1990 p. 1907; amended: Gazette 14 Jun 1991 p. 2872‑3; 13 Dec 1991 p. 6153; 31 Mar 2006 p. 1351-2; 31 Jul 2007 p. 3791; 3 May 2013 p. 1742-3; 27 Dec 2013 p. 6478; SL 2026/4 r. 19.]
5CA. Modified application of section 30(2)(a) of Act
(1) This regulation applies to a residential tenancy agreement that —
(a) creates a tenancy for a fixed term; and
(b) was entered into before the day on which the Residential Tenancies Amendment Act 2011 section 27(2) comes into operation.
(2) Under section 6(a) of the Act it is provided that section 30(2)(a) of the Act shall apply to a residential tenancy agreement as if it were modified by deleting “the amount of the increase, or the method of calculating the amount of the increase, is set out in the agreement; and” and inserting:
the agreement provides that the rent may increase or be increased; and
[Regulation 5CA inserted: Gazette 3 May 2013 p. 1744.]
5CB. Modified application of Act s. 31
Under section 6(b) of the Act it is provided that section 31 of the Act applies to premises as if it were modified as follows:
(a) in subsection (1A) delete “notice of increase in rent is given under section 30 or 31A” and insert:
relevant event occurs
(b) after subsection (1A) insert:
(1AA) For the purposes of subsection (1A), each of the following is a relevant event —
(a) the lessor gives the tenant a notice of increase of rent under section 30 or 31A;
(b) the lessor gives the tenant notice that the lessor approves the tenant’s request to keep a pet at the premises under section 50B(4);
(c) the lessor is taken to approve the tenant’s request to keep a pet at the premises under section 50B(5);
(d) the Commissioner gives the lessor and the tenant notice of an order to consent to the tenant’s request to keep a pet at the premises under section 50E(2)(b) or 50G(2)(a).
(c) in subsection (1B)(b) delete “before the rent increase the subject of the notice given under section 30 or 31A” and insert:
if a notice of increase of rent is given to the tenant under section 30 or 31A — before the rent increase the subject of the notice
[Regulation 5CB inserted: SL 2026/4 r. 20.]
5C. Exemption from section 33 of Act for employment‑linked residential tenancy agreements
Under section 6(a) of the Act it is provided that section 33 of the Act shall not apply to a residential tenancy agreement under which —
(a) an employer grants to an employee a right to occupy premises; and
(b) employment with that employer is a condition of the employee having that right; and
(c) the employee receives a pay slip or salary advice detailing the rent component deducted from the salary or wage; and
(d) the method of payment of rent under the agreement is by direct deduction of the employee’s salary or wage by the employer.
[Regulation 5C inserted: Gazette 3 May 2013 p. 1744-5.]
5D. Exemption for certain agreements under Land Administration Act 1997
(1) The Minister for Lands in the exercise of a specified power is prescribed for the purposes of section 5(2)(f) of the Act.
(2) In subregulation (1) —
specified power means the power to grant or issue a lease or licence under section 47, 48, 79, 80, 83 or 85, or under Part 6A or 7, of the Land Administration Act 1997.
[Regulation 5D inserted: Gazette 19 Feb 1999 p. 554; amended: SL 2023/126 r. 4.]
5E. Modified application of Act s. 40(2) for Housing Authority if previous agreement terminated under Act s. 60(1)(i)
(1) This regulation applies to a residential tenancy agreement (the current agreement) for residential premises if —
(a) another residential tenancy agreement (the previous agreement) for the premises has terminated under section 60(1)(i) of the Act; and
(b) the Housing Authority was the lessor under the previous agreement and is the lessor under the current agreement; and
(c) a tenant under the current agreement was occupying the premises immediately before the previous agreement terminated.
(2) Under section 6(a) of the Act it is provided that section 40(2) of the Act applies to a residential tenancy agreement as if it were modified by deleting “vacant”.
[Regulation 5E inserted: SL 2026/4 r. 21.]
5F. Modified application of Act s. 42(2)(a) for Housing Authority if previous agreement terminated under Act s. 60(1)(i)
(1) This regulation applies to a residential tenancy agreement (the current agreement) for residential premises if —
(a) another residential tenancy agreement (the previous agreement) for the premises has terminated under section 60(1)(i) of the Act; and
(b) the Housing Authority was the lessor under the previous agreement and is the lessor under the current agreement; and
(c) a tenant under the current agreement was occupying the premises immediately before the previous agreement terminated.
(2) Under section 6(a) of the Act it is provided that section 42(2)(a) of the Act applies to a residential tenancy agreement as if it were modified by deleting “vacant possession of the premises in a reasonable state of cleanliness and a reasonable state of repair having regard to its age and character; and” and inserting:
possession of the premises; and
[Regulation 5F inserted: SL 2026/4 r. 21.]
6. Modified application of section 43(3) of Act when Housing Authority is lessor of premises outside metropolitan region
(1) This regulation applies to a residential tenancy agreement —
(a) under which the Housing Authority is the lessor; and
(b) for premises outside the metropolitan region (as defined in the Planning and Development Act 2005 section 4(1)).
(2) Under section 6(a) of the Act it is provided that section 43(3) of the Act shall apply to a residential tenancy agreement as if it were modified by deleting “as practicable after that notification —” and inserting:
as practicable after that notification, or fails to keep the tenant regularly informed of the efforts being made to do so —
[Regulation 6 inserted: Gazette 3 May 2013 p. 1745.]
6A. Modified application of s. 71AD(2) of Act when Housing Authority is lessor of premises
(1) This regulation applies to a residential tenancy agreement under which the Housing Authority is the lessor.
(2) Under section 6(a) of the Act it is provided that section 71AD(2) of the Act applies to a residential tenancy agreement as if it were modified by deleting “7 days” and inserting:
14 days
[Regulation 6A inserted: Gazette 9 Apr 2019 p. 1043.]
6B. Exemption from Act s. 45(2)(b) if Housing Authority is lessor
Under section 6(a) of the Act it is provided that section 45(2)(b) of the Act does not apply to a residential tenancy agreement if the Housing Authority is the lessor.
[Regulation 6B inserted: SL 2023/206 r. 5.]
7A. Modified application of s. 45(1) of Act
rural land means land zoned for agricultural or rural use under —
(a) a local planning scheme made under the Planning and Development Act 2005; or
(b) the Swan Valley Planning Scheme in force under the Swan Valley Planning Act 2020.
(2) Under section 6(a) of the Act it is provided that section 45(1) of the Act shall apply to a residential tenancy agreement as if it were modified by deleting “It is a term” and inserting:
(a) if the lessor is the Housing Authority — “On and after the day that is 4 years after the day on which the Residential Tenancies Amendment Act 2011 section 41 comes into operation, it is a term”; and
(b) in any other case — “On and after the day that is 2 years after the day on which the Residential Tenancies Amendment Act 2011 section 41 comes into operation, it is a term”.
(3) Subregulation (4) applies if a residential tenancy agreement is for residential premises that —
(a) are the subject of an entry in the State Register of Heritage Places maintained under the Heritage Act 2018 section 35(1); or
(b) comprise rural land; or
(c) are premises to which a housing management agreement applies.
(4) Under section 6(a) of the Act it is provided that section 45(1)(a) of the Act shall apply to the residential tenancy agreement as if it were modified by deleting “secure as are prescribed; and” and inserting:
secure; and
[Regulation 7A inserted: Gazette 3 May 2013 p. 1746-7; amended: Gazette 9 Apr 2019 p. 1043; SL 2021/130 r. 7; SL 2023/206 r. 6.]
7AA. Modified application of Act s. 50B
Under section 6(b) of the Act it is provided that section 50B of the Act applies to premises as if it were modified by inserting the following after section 50B(5):
(6) Subsection (5)(b) does not apply if, within 14 days after the day on which the lessor receives the request, the lessor —
(a) approves the tenant’s request under subsection (4); or
(b) refuses the tenant’s request on grounds permitted under section 50D(a) or (c) and complies with subsection (4)(d).
(7) The lessor’s approval of the tenant’s request under subsection (4) or (5) is taken to be without conditions (other than the conditions permitted under section 50C(a)) if the lessor does not apply to the Commissioner for approval to impose conditions within 14 days after the day on which the lessor receives the request.
[Regulation 7AA inserted: SL 2026/4 r. 22.]
7AB. Modified application of Act s. 50F
Under section 6(b) of the Act it is provided that section 50F of the Act applies to premises as if it were modified by inserting the following after section 50F(2):
(2A) The application must be made within 14 days after the day on which the lessor receives the tenant’s request for consent.
[Regulation 7AB inserted: SL 2026/4 r. 22.]
7AC. Modified application of Act s. 50G
Under section 6(b) of the Act it is provided that section 50G of the Act applies to premises as if it were modified by inserting the following after section 50G(1):
(1A) An application cannot be made under subsection (1) unless the lessor has refused the tenant’s request on grounds permitted under section 50D(a) or (c).
[Regulation 7AC inserted: SL 2026/4 r. 22.]
7AD. Modified application of Act s. 50O
Under section 6(b) of the Act it is provided that section 50O of the Act applies to premises as if it were modified as follows:
(a) in section 50O(5)(a) delete “and” and insert:
or
(b) after section 50O(5) insert:
(6) Subsection (5)(b) does not apply if, within 14 days after the day on which the lessor receives the request, the lessor —
(a) approves the tenant’s request under subsection (4); or
(b) refuses the tenant’s request on grounds permitted under section 50Q(a), (b), (c), (d) or (f) and complies with subsection (4)(d).
(7) The lessor’s approval of the tenant’s request under subsection (4) or (5) is taken to be without conditions (other than the conditions permitted under section 50P(a) or (b)) if the lessor does not apply to the Commissioner for approval to impose conditions within 14 days after the day on which the lessor receives the request.
[Regulation 7AD inserted: SL 2026/4 r. 22.]
7AE. Modified application of Act s. 50T
Under section 6(b) of the Act it is provided that section 50T of the Act applies to premises as if it were modified by inserting the following after section 50T(2):
(2A) The application must be made within 14 days after the day on which the lessor receives the tenant’s request for consent.
[Regulation 7AE inserted: SL 2026/4 r. 22.]
7AF. Modified application of Act s. 50U
Under section 6(b) of the Act it is provided that section 50U of the Act applies to premises as if it were modified by inserting the following after section 50U(1):
(1A) An application cannot be made under subsection (1) unless the lessor has refused the tenant’s request on grounds permitted under section 50Q(a), (b), (c), (d) or (f).
[Regulation 7AF inserted: SL 2026/4 r. 22.]
[7B. Deleted: SL 2024/149 r. 7.]
7BA. Modified application of section 50W of Act
Under section 6(a) of the Act it is provided that section 50W of the Act applies to a residential tenancy agreement of the following classes as if it were modified by inserting the following after section 50W(2):
(a) in relation to a residential tenancy agreement that includes a provision under section 50W(2)(a):
(2A) If a residential tenancy agreement includes a provision referred to in subsection (2)(a), it is also a term of the agreement that —
(a) the tenant may make a major modification not stated in the agreement that is reasonably required to enable a person with disability to access and use the premises with the lessor’s consent (which must not be refused in the circumstances described in section 50Z); and
(b) the making of a major modification of the kind referred to in paragraph (a) is subject to any reasonable conditions of the lessor’s approval for the tenant to make the major modification.
(b) in relation to a residential tenancy agreement that includes a provision under section 50W(2)(c):
(2B) If a residential tenancy agreement includes a provision referred to in subsection (2)(c) —
(a) the provision does not apply to a major modification that is reasonably required to enable a person with disability to access and use the premises; and
(b) it is also a term of the agreement that —
(i) the tenant may make a major modification of the kind referred to in paragraph (a) with the lessor’s consent (which must not be refused in the circumstances described in section 50Z); and
(ii) the making of a major modification of the kind referred to in paragraph (a) is subject to any reasonable conditions of the lessor’s approval for the tenant to make the major modification.
(c) in relation to any residential tenancy agreement to which section 50W(2) may apply:
(2C) If a residential tenancy agreement does not include a term referred to in subsection (2)(a), (b) or (c) agreed by the tenant and lessor, it is taken to include a term referred to in subsection (2)(b).
[Regulation 7BA inserted: SL 2024/149 r. 8.]
7C. Modified application of s. 60(1) of Act
(1) This regulation applies to a residential tenancy agreement that creates a tenancy for a fixed term expiring on or before the day that is 30 days after the day on which the Residential Tenancies Amendment Act 2011 section 59(1) comes into operation.
(2) Under section 6(a) of the Act it is provided that section 60(1) of the Act shall apply to a residential tenancy agreement as if it were modified by deleting paragraph (b) and inserting:
(b) in the case of a tenancy for a fixed term, where the term expires and —
(i) the tenant delivers up vacant possession of the premises on or after the expiration of the term; or
(ii) a competent court, upon application by the lessor, terminates the agreement under section 72;
[Regulation 7C inserted: Gazette 3 May 2013 p. 1747-8; amended: Gazette 9 Apr 2019 p. 1043.]
7D. Modified application of section 70A of Act for Foyer Oxford
Foyer Oxford means the premises of that name located at 196 Oxford Street, Leederville, Western Australia.
(2) This regulation applies to a residential tenancy agreement that —
(a) creates a tenancy in respect of a residential unit in Foyer Oxford for a fixed term of 6 weeks or less; and
(b) is not the renewal or extension of an agreement; and
(c) is entered into between a tenant and Foundation Housing Limited.
(3) Under section 6(a) of the Act it is provided that section 70A of the Act shall apply to a residential tenancy agreement as if section 70A(3) were modified by deleting “30 days” and inserting:
7 days
[Regulation 7D inserted: Gazette 21 Aug 2015 p. 3312‑13.]
7E. Modified application of section 72 of Act
(1) This regulation applies to a residential tenancy agreement that creates a tenancy for a fixed term expiring on or before the day that is 30 days after the day on which the Residential Tenancies Amendment Act 2011 section 71(1) comes into operation.
(2) Under section 6(a) of the Act it is provided that section 72 of the Act shall apply to a residential tenancy agreement as if it were modified by deleting subsections (1A) and (1) and inserting:
(1) If an agreement creates a tenancy for a fixed term and the tenant fails to deliver up possession of the premises on or after the expiration of the term, the lessor may, within 30 days after the expiration of the term, apply to a competent court for an order terminating the agreement and an order for possession of the premises.
[Regulation 7E inserted: Gazette 3 May 2013 p. 1748.]
7EA. Exemption from Act s. 79 for Housing Authority if agreement terminated under Act s. 60(1)(i)
Under section 6(a) of the Act it is provided that section 79 of the Act does not apply in relation to a residential agreement for residential premises if —
(a) the agreement has terminated under section 60(1)(i) of the Act; and
(b) the Housing Authority was the lessor under the agreement; and
(c) the premises are occupied by a person who occupied the premises immediately before the agreement terminated; and
(d) the Housing Authority has not given the person written notice that the Housing Authority intends to recover possession of the premises.
[Regulation 7EA inserted: SL 2026/4 r. 23.]
7EB. Exemption from Act s. 80A for Housing Authority if agreement terminated under Act s. 60(1)(i)
Under section 6(a) of the Act it is provided that section 80A of the Act does not apply in relation to a residential tenancy agreement for residential premises if —
(a) the agreement has terminated under section 60(1)(i) of the Act; and
(b) the Housing Authority was the lessor under the agreement; and
(c) the premises are occupied by a person who occupied the premises immediately before the agreement terminated; and
(d) the Housing Authority has not given the person written notice that the Housing Authority intends to recover possession of the premises.
[Regulation 7EB inserted: SL 2026/4 r. 23.]
7F. Exemptions from Act s. 82
Under section 6(a) of the Act it is provided that section 82 of the Act does not apply to the following —
(a) a residential tenancy agreement if —
(i) the Housing Authority is a party to the agreement; and
(ii) the agreement provides that, or is deemed to contain a provision to the effect that, the tenant may sub‑let the premises; and
(iii) the Housing Authority entered into the agreement on the basis that the premises will be sub‑let;
(i) the WA Country Health Service is the tenant under the agreement; and
(ii) the agreement provides that, or is deemed to contain a provision to the effect that, the tenant may sub‑let the premises; and
(iii) the WA Country Health Service entered into the agreement on the basis that the premises will be sub‑let to a person employed or engaged by the WA Country Health Service.
[Regulation 7F inserted: SL 2026/4 r. 23.]
7FA. Modified application of Act s. 85 for Housing Authority
(1) This regulation applies if the Housing Authority is the lessor of residential premises.
(2) Under section 6(b) of the Act it is provided that section 85(1) of the Act applies to the premises as if it were modified by inserting after paragraph (b):
(ba) if the Housing Authority gives the notice or document in relation to premises of which the Authority is the lessor — be given by leaving it at that premises; or
[Regulation 7FA inserted: SL 2023/206 r. 7.]
7G. Modified application of section 93 of Act for Housing Authority
Under section 6(c) of the Act it is provided that section 93(1)(b) of the Act shall apply to the Housing Authority as if it were modified by deleting “18 months” and inserting:
7 years
[Regulation 7G inserted: Gazette 3 May 2013 p. 1749.]
[7H. Deleted: SL 2026/4 r. 24.]
Part 3 — Other matters
[Heading inserted: Gazette 3 May 2013 p. 1749.]
7IA. Use of BondsOnline eTransactions subject to terms and conditions
Use of BondsOnline eTransactions is subject to any terms and conditions determined from time to time by the bond administrator and published on the Department’s website.
[Regulation 7IA inserted: SL 2026/4 r. 25.]
7I. Minor modification (s. 3 of Act)
draughtproofing includes installing weather seals, caulking or gap filling around windows, doors, skirting and floorboards;
water‑efficient shower head means a shower head with a water‑efficiency rating of 3 stars or greater as determined in accordance with AS/NZS 6400:2016 (Water efficient products — Rating and labelling) published by Standards Australia and Standards New Zealand.
(2) For the purposes of the definition of minor modification in section 3 of the Act, a minor modification is 1 or more of the following —
(a) installing any of the following —
(i) a picture hook;
(ii) a screw for a wall mount, shelf or bracket;
(iii) a wall‑anchoring device;
(iv) a water‑efficient shower head;
(v) a hand‑held shower head;
(vi) a lever‑style tap;
(vii) a security light, alarm system or security camera;
(viii) a wireless doorbell;
(ix) a window covering;
(x) an adhesive child‑safety lock on a drawer or door;
(xi) a pressure‑mounted safety gate;
(xii) a lock on a gate;
(xiii) a child‑safety device on a window;
(xiv) a lock on a letterbox;
(xv) draughtproofing;
(xvi) a telephone or internet connection;
(xvii) an LED light bulb which does not require a new light fitting;
(xviii) an anchor for a blind or cord;
(xix) non‑permanent window film;
(xx) a flyscreen on a door or window;
(xxi) a vegetable garden or herb garden;
(b) painting a room.
Example for this subsection:
For the purposes of paragraph (a)(ix) — a curtain or blind.
[Regulation 7I inserted: SL 2024/149 r. 9.]
7. Applications prescribed for the purposes of section 13A(2)(a) of Act
(1) The following applications are prescribed for the purposes of section 13A(2)(a) of the Act —
(aaa) an application under section 15(1A) of the Act;
(aa) an application under section 59D(4) of the Act;
(a) an application under section 73(1) of the Act;
(ba) an application under section 76B(1) of the Act;
(b) an application under section 77(1) of the Act;
(ca) an application under section 78A(1) of the Act;
(cb) an application under section 78B(1) of the Act;
(c) an application under section 79(10) of the Act;
(d) an application under section 79(12) of the Act;
(ea) an application under section 80A(8) of the Act;
[(e) deleted]
(f) any other application under the Act that is not an application in respect of which a party objects to a registrar of the Magistrates Court exercising the court’s jurisdiction.
[(2) deleted]
(3) The registrar shall not —
(a) exercise the power in section 25 of the Act; or
(b) issue a warrant under section 20(d) of the Act without the approval in writing of a magistrate.
(4) The registrar may at any time adjourn the hearing or determination of any matter and —
(a) seek directions or further directions from; or
(b) refer the matter for hearing or determination by,
the Magistrates Court constituted by a magistrate.
[Regulation 7 amended: Gazette 16 Jun 1995 p. 2318; 29 Apr 2005 p. 1772‑3; 3 May 2013 p. 1749-50; SL 2026/4 r. 26.]
[8. Deleted: Gazette 29 Apr 2005 p. 1773.]
9. Determination of nearest Magistrates Court
For the purposes of section 13A(3) of the Act, the distance of the court from any premises is the distance by the most direct route using roads open to the public.
[Regulation 9 amended: Gazette 29 Apr 2005 p. 1773.]
10. Scale of costs for section 24 of Act
Where a competent court awards costs under section 24 of the Act it shall do so, so far as the circumstances will allow, on the basis of any relevant legal costs determination made under the Legal Profession Uniform Law Application Act 2022 section 133.
[Regulation 10 amended: Gazette 19 Apr 2005 p. 1298; 29 Apr 2005 p. 1773; SL 2022/115 r. 12.]
[10AA. Deleted: SL 2024/149 r. 10.]
10AB. Information to be given to tenant for section 27B of Act
(1) For the purposes of section 27B of the Act, the following information is prescribed in the case of a written residential tenancy agreement —
(a) information about processes or requirements under the Act in relation to the following —
(i) documents or other items that the lessor must give to the tenant at the start of the tenancy;
(ii) restrictions on amounts that the lessor may require the tenant to pay in relation to the tenancy;
(iii) the lessor’s obligations in relation to amounts that the lessor may require the tenant to pay in relation to the tenancy;
(iv) the property condition report;
(v) the obligation to pay rent;
(vi) the end of the tenancy;
(vii) how to give notice;
(b) information relating to safety on the premises, including matters arising under a written law or a law of the Commonwealth;
(c) information about clarifying the tenant’s and the lessor’s respective obligations in relation to maintaining the premises;
(d) information about the execution of documents in relation to the tenancy;
(e) information about the importance of the tenant keeping copies of documents in relation to the tenancy;
(f) information about complaint or dispute resolution procedures under the Act;
(g) information about how to seek advice or assistance in relation to the tenancy.
(2) For the purposes of section 27B of the Act, the following information is prescribed in the case of a residential tenancy agreement (other than a written residential tenancy agreement) —
(a) information listed in subregulation (1);
(b) a summary of the terms under the Act applicable to every residential tenancy agreement.
[Regulation 10AB inserted: SL 2024/149 r. 10.]
10ABA. Information prescribed by regulation 10AB must be given to tenant in approved form
(1) A lessor or property manager must give the information prescribed by regulation 10AB to the tenant in the approved form —
(a) in the case of a written residential tenancy agreement, at the time of entering into the agreement; or
(b) in any other case, within 14 days after the tenant has taken possession of the residential premises.
Penalty for this subregulation: a fine of $5 000.
(2) Subregulation (1) does not apply in relation to a residential tenancy agreement if —
(a) the agreement is renewed or extended; and
(b) there has been no change in the parties to the agreement.
[Regulation 10ABA inserted: SL 2024/149 r. 10.]
10AC. Information to be included in property condition report for section 27C(6) of Act
For the purposes of section 27C(6) of the Act, the information set out in Schedule 4 Form 1 is prescribed as the information that is to be included in a property condition report.
[Regulation 10AC inserted: Gazette 3 May 2013 p. 1751.]
10AD. Amount prescribed for section 27(2)(a) of Act
For the purposes of section 27(2)(a) of the Act, an amount set out in column 2 of the Table opposite a description of a residential tenancy agreement, is the amount prescribed in respect of such an agreement.
Table
Where the weekly rent under the residential tenancy agreement is $500 or less
$50
Where the weekly rent under the residential tenancy agreement exceeds $500
$100
Where the residential tenancy agreement is for residential premises south of the 26th parallel of south latitude and the weekly rent is $1 200 or more
$1 200
[Regulation 10AD inserted: Gazette 3 May 2013 p. 1751.]
10A. Amount prescribed for section 29(1)(b)(ii) of Act
For the purposes of section 29(1)(b)(ii) of the Act, the amount of $350 is prescribed.
[Regulation 10A inserted: Gazette 16 Jun 1995 p. 2318; amended: Gazette 24 May 2011 p. 1894; SL 2026/4 r. 27.]
11. Amount prescribed for section 29(2) of Act
The amount of $1 200 is prescribed for the purposes of section 29(2) of the Act.
[Regulation 11 amended: Gazette 24 May 2011 p. 1894; 3 May 2013 p. 1752.]
11A. Way in which security bond must be paid for Act s. 29(5)
(1) For the purposes of section 29(5) of the Act, this regulation sets out the way in which a security bond must be paid to the bond administrator.
(2) If the premises are not managed by a property manager, the security bond must be paid to the bond administrator in an approved way.
(3) If the premises are managed by a property manager, the security bond must be paid to the bond administrator —
(a) if subregulation (4) applies — in an approved way but not by using BondsOnline eTransactions; or
(b) otherwise — using BondsOnline eTransactions.
(4) This subregulation applies if —
(a) the tenant does not have 1 or more of the following —
(i) a mobile telephone number used exclusively by the tenant;
(ii) an email address used exclusively by the tenant;
(iii) internet access to check their email account;
(iv) competence in the use of a mobile telephone or email;
(v) a sound understanding of the English language;
or
(b) the bond administrator has agreed to the payment being made in accordance with subregulation (3)(a).
(5) For the purposes of this regulation, a security bond is paid in an approved way if it is paid in a way that is —
(a) approved under subregulation (6); and
(b) published under subregulation (7).
(6) The bond administrator may approve ways (including electronic ways) of making payment for the purposes of this regulation.
(7) The bond administrator must ensure that a list of the ways of making payment approved under subregulation (6) is published on the Department’s website.
[Regulation 11A inserted: SL 2026/4 r. 28.]
12A. Essential services prescribed for section 43(1) of Act
For the purposes of the definition of urgent repairs in section 43(1) of the Act, each of the following services is prescribed as an essential service —
(a) electricity;
(b) gas;
(c) a functioning refrigerator, but only if it is provided with the premises;
(d) sewerage, septic tank or other waste water management treatment;
(e) water, including the supply of hot water.
[Regulation 12A inserted: Gazette 3 May 2013 p. 1752.]
12B. Means to secure residential premises prescribed for s. 45(1)(a) of Act
AS 5039‑2008 means Australian Standard AS 5039‑2008 (Security screen doors and security window grilles), or any subsequent version of, or amendments to, that standard, published by Standards Australia;
deadlock has the meaning given in Australian Standard AS 4145.1‑2008 (Locks and hardware for doors and windows — Glossary of terms and rating systems), or any subsequent version of, or amendments to, that standard, published by Standards Australia.
(2) The things set out in this regulation are prescribed for the purposes of section 45(1)(a) of the Act as means to ensure that residential premises are reasonably secure.
(3) Each external door to residential premises must be fitted with —
(a) if it is the main entry door to the premises —
(i) a deadlock; or
(ii) a key lockable security screen door that complies with AS 5039‑2008;
(b) if it is not the main entry door to the premises —
(i) a dead lock or, if a dead lock cannot be fitted, a patio bolt lock; or
(ii) a key lockable security screen door that complies with AS 5039‑2008.
(4) Subregulation (3) does not apply to a door to a balcony if there is no access to the balcony except from inside the residential premises.
(5) Each exterior window of residential premises must be fitted with a lock, whether or not a key lock, that prevents the window from being opened from outside the premises unless the window —
(a) is on, or above, the second floor of a building and is not easily accessible from outside the premises; or
(b) is fitted with a security window grille that complies with AS 5039‑2008.
(6) Residential premises must have an electrical light fitted to or near the exterior of the premises that —
(a) is capable of illuminating the main entry to the premises; and
(b) is operable from inside the premises.
(7) Subregulation (6) does not apply to the following residential premises —
(a) if the strata company relating to the premises provides and maintains adequate lighting, outside of daylight hours, to the main entry to the premises — residential premises to which the provisions of the Strata Titles Act 1985 apply;
(b) if the community corporation for the community titles scheme relevant to the premises provides and maintains adequate lighting, outside of daylight hours, to the main entry to the premises — residential premises to which the provisions of the Community Titles Act 2018 apply.
[Regulation 12B inserted: Gazette 3 May 2013 p. 1752-4; amended: Gazette 9 Apr 2019 p. 1044; SL 2021/71 r. 14.]
[12BA. Deleted: SL 2024/149 r. 11.]
12BB. Ground for approval to refuse consent for pet prescribed for section 50E(3)(f) of Act
dangerous dog has the meaning given in the Dog Act 1976 section 3(1).
(2) For the purposes of section 50E(3)(f) of the Act, each of the following is a prescribed ground —
(a) the pet is a dangerous dog;
(b) keeping the pet at the premises is likely to cause a tenant under a residential tenancy agreement in respect of the premises (other than the tenant who made the request for consent) undue hardship.
[Regulation 12BB inserted: SL 2024/149 r. 12; amended: SL 2026/4 r. 29.]
12BC. Prescribed modifications to prevent entry in circumstances of family violence for section 50M(2) of Act
For the purposes of section 50M(2) of the Act, prescribed modifications are 1 or more of the following —
(a) installing or altering any of the following —
(i) a security alarm or camera;
(ii) a lock, screen or shutter on a window;
(iii) a security screen on a door;
(iv) an exterior light;
(v) a lock on a gate;
(b) pruning a shrub or tree that limits visibility around the residential premises.
[Regulation 12BC inserted: SL 2024/149 r. 12.]
12BD. Types of modifications which may be subject to condition prescribed for section 50P(a) of Act
For the purposes of section 50P(a) of the Act, the following are types of prescribed modifications —
(a) installing any of the following —
(i) a lever‑style tap;
(ii) a hardwired alarm system, security camera or security light;
(iii) a telephone or internet connection;
(iv) non‑permanent window film;
(b) painting a room.
[Regulation 12BD inserted: SL 2024/149 r. 12.]
12BE. Matters prescribed for section 50P(b) of Act
For the purposes of section 50P(b) of the Act, the following are prescribed matters —
(a) the provision by the tenant to the lessor of the codes to an alarm system;
(b) the provision by the tenant to the lessor of copies of keys for locks on gates or letterboxes;
(c) if the lessor’s consent for the tenant to make the minor modification is subject to a condition under section 50P(a), the provision by the tenant to the lessor of a copy of the invoice of the person who carried out the modification.
[Regulation 12BE inserted: SL 2024/149 r. 12.]
12BF. Grounds for approval to refuse consent prescribed for section 50S(3)(g) of Act
For the purposes of section 50S(3)(g) of the Act, a prescribed matter is —
(a) the tenant is making a minor modification on a surface that is tile, exposed brick or exposed concrete that involves drilling, nailing or otherwise permanently altering the surface; and
(b) there is a significant risk of damage from the modification referred to in paragraph (a).
[Regulation 12BF inserted: SL 2024/149 r. 12.]
12C. Social housing tenancy agreement for the purposes of section 71A of Act
For the purposes of the definition of social housing tenancyagreement in section 71A of the Act, each of the following residential tenancy agreements is prescribed as an agreement that is not a social housing tenancy agreement —
(a) a residential tenancy agreement for premises to which a housing management agreement applies;
(i) the lessor is the Housing Authority; and
(ii) the premises are let under the Government Employees’ Housing Act 1964;
(i) the lessor is the Housing Authority; and
(ii) before the agreement is entered into, the Housing Authority determines, as the result of an assessment carried out under section 71D of the Act, that the tenant is not eligible to reside in social housing premises or to reside in the class of social housing premises to which the agreement relates.
[Regulation 12C inserted: Gazette 3 May 2013 p. 1754-5.]
12CA. Prescribed person for s. 71AB(2)(d)(vi) of Act
For the purposes of section 71AB(2)(d)(vi) of the Act, the following are prescribed —
(a) a person in charge of an Aboriginal legal, health or welfare organisation;
(b) an officer as defined in the Children and Community Services Act 2004 section 3 who is authorised for the purposes of this paragraph by the CEO as defined in that section;
(c) a person employed as a family support worker by another person with whom the Minister administering the Children and Community Services Act 2004 has entered into an agreement under section 15 of that Act.
[Regulation 12CA inserted: Gazette 9 Apr 2019 p. 1044.]
12D. Manner prescribed for purposes of section 79(3)(b) of Act
For the purposes of section 79(3)(b)(i) of the Act, a notice is made publicly available in the prescribed manner if it is published in a newspaper circulating generally throughout all, or most of, the State.
[Regulation 12D inserted: Gazette 30 Jun 2017 p. 3555.]
12E. Information prescribed for section 79(10) of Act
The following information is prescribed as that to be provided by a lessor who makes an application under section 79(10) of the Act —
(a) the name and address of the lessor;
(b) the name of the former tenant;
(c) for each item sold under section 79(8) of the Act —
(i) a short description of the item; and
(ii) the amount received for the item; and
(iii) the day on which it was sold;
(d) particulars of the amount claimed by the lessor for —
(i) the cost of removing, storing and selling the goods; and
(ii) money owing by the tenant under the former tenancy agreement.
[Regulation 12E inserted: Gazette 30 Jun 2017 p. 3555.]
12F. Property manager must make security bond release application using BondsOnline eTransactions
(1) If a security bond release application is made by a property manager, the application must be made using BondsOnline eTransactions.
(2) Subregulation (1) does not apply if —
(a) the tenant does not have 1 or more of the following —
(i) a mobile telephone number used exclusively by the tenant;
(ii) an email address used exclusively by the tenant;
(iii) internet access to check their email account;
(iv) competence in the use of a mobile telephone or email;
(v) a sound understanding of the English language;
or
(b) the application relates to the disposal of a security bond to an overseas bank account; or
(c) the application relates to the transfer of a security bond from 1 property to another; or
(d) the bond administrator has approved the application being made otherwise than by using BondsOnline eTransactions.
[Regulation 12F inserted: SL 2026/4 r. 30.]
12G. Way of giving bond administrator notice prescribed for Act s. 81G(2) and 81H(2)
For the purposes of sections 81G(2) and 81H(2) of the Act, a party must give the bond administrator written notice that the party agrees to or disputes a security bond release application in 1 of the following ways —
(a) using BondsOnline eTransactions;
(b) using any other electronic system, administered by the bond administrator and accessible through the Department’s website, that facilitates applications and other processes under the Act in relation to security bonds;
(c) in accordance with section 85(1)(a) or (b) of the Act;
(d) if the bond administrator consents, by sending the notice by email to the email address provided by the bond administrator.
[Regulation 12G inserted: SL 2026/4 r. 30.]
12H. Way bond administrator must deal with unclaimed security bond prescribed for Act s. 81T(2)
For the purposes of section 81T(2) of the Act, the bond administrator must deal with the security bond, or part of the security bond, in accordance with regulations 15 and 16.
[Regulation 12H inserted: SL 2026/4 r. 30.]
12I. Prescribed circumstances and prescribed electronic means for purposes of Act s. 85(1)(c)
authorised notice means a notice required or authorised to be given under section 11F(2), 11G(1), 11J(1), 11L(2), 81F(2) or 81Q(1) of the Act or regulation 15(2).
(2) For the purposes of section 85(1)(c) of the Act —
(a) the other prescribed circumstances in which an authorised notice may be given to or served on a person by prescribed electronic means are that the email address of the person has been provided to the bond administrator together with —
(i) a record of the payment by the person of a bond lodged under section 29(4)(c) of the Act; or
(ii) a security bond release application made under section 81C of the Act;
and
(b) the prescribed electronic means by which an authorised notice may be given to or served on a person is by sending the notice by email to the email address of the person.
[Regulation 12I inserted: SL 2026/4 r. 30.]
12. Manner prescribed for purposes of section 85(3)(c) of Act
For the purposes of section 85(3)(c) of the Act, a notice required to be given by a competent court under section 18(2) of the Act is made publicly available in the prescribed manner if an electronic version of it is published on a website maintained for that purpose by the competent court.
[Regulation 12 inserted: Gazette 30 Jun 2017 p. 3555‑6.]
13. Infringement notices
(1) For the purposes of section 88A(2) of the Act, an offence specified in Schedule 5 is a prescribed offence.
(2) The modified penalty specified opposite an offence in Schedule 5 is the modified penalty for that offence.
[Regulation 13 inserted: Gazette 3 May 2013 p. 1755-6.]
14. Matters prescribed for section 94 of Act
relevant bank accepted bills rate means the 30 day bank accepted bills rate as published in Table F.1 of the “Reserve Bank of Australia Bulletin” for the month that is 2 months before the month in respect of which the interest is to be paid.
Example for this definition:
The relevant bank accepted bills rate for May is the 30 day bank accepted bills rate for March.
(2) For the purposes of section 94(2)(a) of the Act, the interest rate is 70% of the relevant bank accepted bills rate calculated on a daily basis.
(3) For the purposes of section 94(2)(b) of the Act —
(a) interest is to be paid within 5 working days after the end of each month; and
(b) the day on which a security bond or part of a security bond is paid to the tenant or the lessor is prescribed as the time for payment, to the person who paid the bond, of the amount representing interest above the prescribed rate.
[Regulation 14 inserted: Gazette 3 May 2013 p. 1756.]
15. Dealing with unclaimed security bonds generally
(1) This regulation applies if an amount of a security bond for a residential tenancy agreement is unclaimed as referred to in section 81T(1) of the Act.
(2) The bond administrator must give notice in writing to the lessor and the tenant in whose names the security bond is held —
(a) informing them that the bond administrator has reason to believe that 6 months have elapsed since the termination of the residential tenancy agreement and that the security bond for the agreement, or part of the security bond, has not been paid to any of the parties to the agreement under Part 5A Division 2 of the Act; and
(b) inviting them to apply under the Act for disposal of the security bond; and
(c) notifying them that if the security bond is still in the bond administrator’s possession after 60 days from the date of the notice the amount will be paid to the Unclaimed Security Bond Account.
(3) The bond administrator is not required to give notice under subregulation (2) to a person if —
(a) under section 81K(3), 81L(3) or 81N(2) of the Act, the bond administrator must pay an amount of the security bond to the person; and
(b) the bond administrator has paid the amount to the person.
(4) The bond administrator is not required to give notice under subregulation (2) to a person if the bond administrator —
(a) is satisfied that the person (the deceased person) has died; and
(b) has not been given any of the following —
(i) evidence of probate of the will of the deceased person;
(ii) evidence of administration of the estate of the deceased person;
(iii) notice in writing of any will of the deceased person and of intention to prove it;
(iv) notice in writing of an intention to apply for administration of the estate of the deceased person.
(5) If after 60 days from the date of a notice under subregulation (2) the security bond is still in the bond administrator’s possession, the bond administrator must pay the amount to the Unclaimed Security Bond Account.
(6) If, because of subregulation (4), the bond administrator is not required to give any notice under subregulation (2) in relation to the security bond, the bond administrator must pay the amount to the Unclaimed Security Bond Account.
(7) A security bond that remains in the Unclaimed Security Bond Account at the expiration of 6 years from the day on which it is paid into that account must be paid into the Consolidated Account.
(8) Part III Divisions 1 and 2 and Part 5A of the Act and regulation 16 apply to a security bond while it is in the Unclaimed Security Bond Account.
(9) For the purposes of this regulation, the bond administrator must establish in the Rental Accommodation Account referred to in Schedule 1 clause 3 of the Act an account called the Unclaimed Security Bond Account.
(10) In this regulation —
security bond includes part of a security bond;
Unclaimed Security Bond Account means the account established under subregulation (9).
[Regulation 15 inserted: SL 2026/4 r. 31.]
16. Dealing with unclaimed security bonds if tenant has died
(a) an amount of a security bond for a residential tenancy agreement is unclaimed as referred to in section 81T(1) of the Act; and
(b) the amount is less than $50 000; and
(c) the bond administrator is satisfied that the tenant, or if there are co‑tenants, a co‑tenant (the deceased tenant) has died; and
(d) both of the following periods have ended —
(i) the period of 6 months beginning on the day on which the agreement was terminated;
(ii) the period of 6 months beginning on the day on which the deceased tenant died;
and
(e) the bond administrator has not been given any of the following —
(i) evidence of probate of the will of the deceased tenant;
(ii) evidence of administration of the estate of the deceased tenant;
(iii) notice in writing of any will of the deceased tenant and of intention to prove it;
(iv) notice in writing of an intention to apply for administration of the estate of the deceased tenant.
(2) The bond administrator may dispose of all or part of the deceased tenant’s portion of the security bond by doing either or both of the following —
(a) reimbursing a person who has incurred or paid all or part of the deceased tenant’s funeral expenses;
(b) paying all or part of the deceased tenant’s portion of the security bond to 1 or more eligible persons.
(3) For the purposes of subregulation (2)(b), a person is an eligible person in relation to the deceased tenant if the bond administrator is satisfied that the person —
(a) was, immediately before the deceased tenant’s death, the spouse or de facto partner of the deceased tenant; or
(b) is a parent or child of the deceased tenant.
[Regulation 16 inserted: SL 2026/4 r. 31.]
17. Fees prescribed
The fees set out in the third column of Schedule 3 are payable for the matters set out in the second column of that Schedule.
[Regulation 17 amended: Gazette 29 Apr 2005 p. 1773.]
18. Forms
The forms set out in Schedule 4 are prescribed in relation to the matters specified in those forms.
[Regulation 18 inserted: Gazette 22 Sep 2006 p. 4127.]
commencement day means the day on which the Residential Tenancies Amendment Regulations (No. 2) 2024 regulation 3 comes into operation.
(2) Regulation 10ABA(1)(b) does not apply in relation to a residential tenancy agreement entered into before commencement day, other than a written agreement, if —
(a) the lessor or property manager gives the information prescribed in regulation 10AB as in force immediately before commencement day to the tenant; and
(b) the information is given to the tenant within 14 days after the tenant has taken possession of the residential premises.
commencement day means the day on which the Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 2026 Part 3 comes into operation;
former regulation 15(2) means regulation 15(2) as in force from time to time before commencement day.
(2) The bond administrator is not required to give notice under regulation 15(2) to a person in relation to a security bond if the bond administrator has given the person a notice under former regulation 15(2) in relation to the security bond.
[Regulation 20 inserted: SL 2026/4 r. 32.]
[Schedule 1 deleted: Gazette 30 Mar 2007 p. 1452.]