What you wanted to know in 2024: FAQs

In 2024, REIWA’s free Information Service helped nearly 14,500 people with their WA real estate queries.

Considering the changes to the rental market last year, it wasn’t surprising that two thirds of queries related to rental properties, including lease enquiries, maintenance issues and bond returns. More than 700 calls were received regarding the new legislation in the Residential Tenancies Amendment Act.

Sales made up nearly 25 per cent of enquiries, with nearly a quarter related to contracts. Other topics of interest included listing agreements, disclosure and the settlement process.

Here are the some of the most common public queries (and answers from our Information Services team) last year: 

I’m confused about the Subject-to-Sale contract and the 48-hour clause – can you explain?

Towards the end of the year, we noticed an increase in enquiries about Subject to Sale contracts, reflecting the complexities these arrangements can sometimes involve and the current market dynamics with the time-to-sell decreasing to a median of 15 days in December.

Normally, these agreements enable the seller to continue to promote their property for sale and, in the event of receiving an alternate offer, give notice to the first buyer of their intention to proceed with a second offer after two business days (invoking the 48-hour clause).

What happens when a property has multiple offers – how does the agent handle these?

An agent, acting in the seller's best interests, may inform prospective buyers of competing offers without disclosing the terms, as these are considered confidential unless explicitly agreed otherwise.

It is common for agents to advise buyers to review and submit their best offer when there are multiple offers. The seller is under no obligation to negotiate with any buyer or provide an opportunity to revise offers.

I need to break my lease – what do I need to do?

The Residential Tenancy Agreement is a legal contract and the owner is entitled to seek an outcome where their financial position is no worse off as a result of a tenant breaking their tenancy agreement.

If you are on a fixed-term lease, there is no automatic right of termination. To break a fixed-term lease, you need to seek the owner’s permission (via your property manager if the accommodation is professionally managed).

Usually, the owner will agree to a termination when a new tenant has been found.

If a replacement tenant has not been found by the time you move out, you are liable to continue paying rent until a new tenant has been found.

If you are on a periodic lease, then terminating your lease agreement is straightforward. All you need to do is provide 21 days’ notice in writing to your property manager or landlord. Your lease will then end in 21 days.

How long does it take to get my bond back?

There is no legislated time frame for return of bond in WA.

A common concern is the length of time it takes to disburse a bond after a tenant has vacated the premises at the end of the tenancy agreement.

What a lot of tenants don’t know is that bond money is actually lodged with a specific Government managed trust fund called the Government Bond Administrator and is not kept by the owner or managing agent.

After the final property inspection, there may be some back and forth between the tenant and property manager depending on the condition of the property.

Sometimes, the process can be delayed if there is something needs to be fixed. Once any claims are settled relating to the property’s condition, it shouldn’t take long for the bond money to be refunded – usually within weeks.

We encourage tenants to keep communication open with their property manager or landlord.

If the Bond refund is being unreasonably delayed, tenants should contact DEMIRS directly to raise concerns.

How often can the price of my rental be increased?

Under the Residential Tenancies Amendment Act, rent increases can only be made once a year.