Western Australia Commercial Property Laws for Landlords
Comprehensive overview of WA commercial tenancy laws covering retail shop leases, disclosure requirements, rent reviews, and dispute resolution.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Commercial tenancies in Western Australia operate under a dual regulatory framework. Retail shop leases are protected by the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA), which came into effect on 1 September 1985, while non-retail commercial leases are governed primarily by general contract law. Understanding which regime applies to your property is essential for compliance.
Key Western Australia Commercial Laws at a Glance
What Is a "Retail Shop Lease"? (s.3)
The Act applies to commercial tenancy agreements for premises:
- With a lettable area of up to 1,000 square metres (s.3(1)(b)).
- Used for carrying on a retail business (selling goods or specified services) in a retail shopping centre or similar.
Specified businesses covered include retail sales, shoe repairs, dry cleaning, beauty therapy, hairdressing, and similar services. If your commercial lease does not meet these criteria, it is a general commercial lease and the Act does not apply.
Retail Lease: Key Protections
Pre-Lease Disclosure (s.6)
Landlords must provide the prospective tenant with:
- A disclosure statement detailing lease terms, costs, outgoings, and other material information.
- A copy of the proposed lease.
- A Tenant Guide (a plain-language document explaining the tenant's rights).
All three documents must be provided at least 7 days before the lease is signed (s.6(1)). If the landlord fails to provide the disclosure statement, or if it contains false or misleading information, the tenant may terminate the lease within 60 days.
Security of Tenure (s.13)
The Act grants retail tenants a right to at least 5 years' tenancy (combining the initial term plus any option periods) under section 13.
Rent Reviews (s.11)
Rent review mechanisms must be specified in the lease. Under Section 11, the Act regulates how reviews are conducted for retail tenancies, including provisions for market rent reviews and the resolution of disputes around rental valuations.
Non-Retail Commercial Leases
For commercial leases that fall outside the Retail Shops Act (office space over 1,000 sqm, industrial warehouses, etc.), the relationship is governed almost entirely by the written lease agreement and common law principles.
These leases offer fewer statutory protections, meaning landlords have more flexibility but also greater responsibility to ensure the lease is comprehensive and fair.
For more detail on specific topics, see:
Dispute Resolution
Retail Tenancies (s.27)
Disputes involving retail shop leases can be referred to the WA Small Business Development Corporation for mediation. If mediation fails, the matter can be escalated to the State Administrative Tribunal (SAT) under section 27.
Non-Retail Commercial Tenancies
Disputes are typically resolved through negotiation, mediation, or litigation in the courts (such as the Magistrates Court of Western Australia for claims up to $75,000).
Getting Started with Commercial Compliance
Managing commercial properties in Western Australia—particularly retail leases—requires strict adherence to the disclosure and procedural requirements of the Act. Landager helps commercial landlords track disclosure obligations, rent review dates, lease renewal options, and outgoing reconciliations, ensuring nothing falls through the cracks.
Explore more Western Australia commercial compliance topics:
Sources & Official References
Frequently Asked Questions
▶What are the key landlord-tenant laws in Western Australia?
Western Australia's rental market is governed by the Residential Tenancies Act 1987 (WA), which sets minimum standards for residential tenancy agreements and outlines the rights and responsibilities of both landlords (lessors) and tenants. Significant reforms took effect on 29 July 2024, strengthening tenant protections particularly around rent increases, bond disputes, and termination of tenancy. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the eviction process for landlords in Western Australia?
The eviction process in Western Australia requires landlords to follow formal legal procedures established by both regional and national law. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order.
Read the complete guide▶What are the rent increase rules in Western Australia?
Western Australia has specific rules governing when and how landlords can increase rent, which may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. These rules may differ from national standards, so landlords must check regional regulations.
Read the complete guide▶What are the security deposit rules in Western Australia?
Security deposit rules in Western Australia govern how much landlords can charge, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all regional and national statutory deadlines.
Read the complete guide▶What are the mandatory lease requirements in Western Australia?
Lease agreements for rental properties in Western Australia must comply with both regional and Australia national law. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation.
Read the complete guide▶What are landlord maintenance obligations in Western Australia?
Landlords in Western Australia are required to maintain rental properties in a habitable condition, ensuring the structure, plumbing, electrical systems, and essential services are in proper working order. Regional laws in Western Australia may impose additional requirements beyond the national standard.
Read the complete guide▶What are the late fee rules in Western Australia?
Western Australia has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on fee amounts, and restrictions on interest charges. Check both regional and Australia national regulations for the applicable rules.
Read the complete guide▶What disclosures must landlords provide in Western Australia?
Landlords in Western Australia must disclose relevant property information to prospective tenants before the lease is signed. Required disclosures may include known defects, environmental hazards, previous damage, and any conditions affecting the tenant's use of the property, in compliance with both regional and national law.
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