Western Australia Late Rent Fees: What Landlords Need to Know

Western Australia takes a firm stance on late fees in residential tenancies: they are not permitted. This is a key distinction from many other jurisdictions, and landlords must understand the alternative remedies available for dealing with tenants who fall behind on rent. Under the Residential Tenancies Act 1987 (WA) (effective 1 October 1989), specifically Section 27(1), landlords...

Late Fees Are Prohibited

Under Section 27(1) of the Residential Tenancies Act 1987 (WA), a landlord cannot require or receive from a tenant any payment other than rent, a security bond, or a payment for an option to take a tenancy. Any term in a tenancy agreement that requires the payment of an amount in breach of Section 27(1) is void and unenforceable.

This means landlords cannot charge:

• Late fees or flat-rate late payment fees.
• Penalties or percentage-based penalties.
• Interest or daily compounding interest on arrears.
• "Administration fees" for chasing late payments.

Remedies for Non-Payment of Rent

While landlords cannot penalise tenants financially for late payments, persistent non-payment of rent is a breach of the tenancy agreement and triggers a formal legal process.

Step 1: Informal Communication

Before escalating, many landlords find that a phone call or polite written reminder resolves the issue. Open communication can help identify whether the tenant is experiencing temporary financial hardship.

Step 2: Breach Notice (Form 21)

If informal communication fails, the landlord can issue a formal breach notice for non-payment of rent (Form 21). This notice:

• Specifies the amount of rent owed.
• Gives the tenant 14 days to pay the outstanding rent.
• Must be served in the prescribed manner (in person, by post, or electronically if permitted).

Step 3: Termination Notice

If the tenant fails to pay within the 14-day breach notice period, the landlord can proceed with a termination notice:

• Form 1A: Terminates the tenancy entirely. The tenant has 7 days to vacate.
• Form 1B: Gives the tenant 7 days to pay or vacate. If they pay, the tenancy continues.

Step 4: Magistrates Court

If the tenant neither pays nor vacates after receiving a valid termination notice, the landlord must apply to the Magistrates Court for:

• An order for termination and possession (eviction order).
• An order for payment of the outstanding rent.

The court may also allow the tenant up to 30 days' additional time if they are experiencing financial hardship.

Claiming Costs from the Bond

At the end of the tenancy (whether through natural conclusion or eviction), the landlord can claim unpaid rent as a deduction from the security bond. This must be documented through the standard bond disposal process via the Bond Administrator.

Tenant Support Programs

Landlords should be aware that WA tenants experiencing financial difficulty may be eligible for government assistance:

• WA Rent Relief Program: Provides one-off payments for rent arrears and future rent for eligible tenants at risk of eviction.
• Financial counselling services: Available through community organisations.

Directing a struggling tenant to these resources can help resolve arrears without the cost and disruption of formal eviction proceedings.

Best Practices for WA Landlords

1. Set clear payment expectations from day one: The lease should specify the exact rent amount, due date, and accepted payment methods.
2. Automate rent collection: Using a digital payment platform reduces the likelihood of late payments.
3. Act promptly but fairly: If rent is more than a few days late, reach out immediately. Early intervention often prevents escalation.
4. Document everything: Keep records of all rent payments, breach notices, and communication with the tenant.
5. Know the law: Attempting to charge a late fee—even informally—can undermine your position in a tribunal or court hearing.

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