A NEW bond release process will allow property managers, landlords and tenants to apply for the release of the bond at the end of the tenancy and get around the court process.

The reforms mean if a dispute arises over how the bond is to be paid out, neither the tenant nor landlord will need to attend court to resolve the matter in most cases.

Instead, these decisions will be made independently by the Commissioner for Consumer Protection, saving people time and the cost involved in attending court or having a property manager attend on behalf of a landlord.

The Real Estate Institute of Western Australia (REIWA) President Suzanne Brown says the institute hoped the new determination process would lead to speedy resolution of disputes.

“Previously, disputes over the bond had to go through the Magistrates Court, which could be a very lengthy process (and) the outcomes also varied,” she said.

“Now, in most cases, the dispute will be reviewed via the Commissioner determination process, and this should help tenants get their bond returned in a more timely manner.

“Of course, this is dependent on the Department of Local Government, Industry Regulation and Safety’s Consumer Protection division being resourced sufficiently.

“We also believe the Commissioner determination process will lead to greater consistency in dispute resolutions, which is a good outcome for all.

“Unlike decisions made by the courts, decisions regarding bond disputes will be published on the Consumer Protection website, providing consistent guidance for industry and the community.”

About 4500 tenancy matters are heard in the state’s magistrates courts every year.

Ms Brown said tenants should be careful when applying for the bond as soon as they moved out of the property.

“While it might be tempting, it will not speed up the release of the bond and could cause delays,” she said.

“There are processes to be followed, such as the final inspection and property condition report, and the bond will not be released immediately an application is made.

“It is in the best interests of all parties that any issues be discussed and addressed, or an outcome negotiated before an application is made for the bond – this will be the fastest way to get the bond released.”