Western Australia
At least one payment option must be free of any fees, and where a third-party collector is used, the landlord must absorb the collection cost.
What the law requires
- At least one payment method option free of any fees.
- A landlord cannot charge for a direct bank payment.
- Changing an agreed payment method requires agreement between tenant and landlord.
… at least one payment method option free of any fees … the landlord must absorb the costs associated with this method.
Regulator guidanceWA Consumer Protection · Paying rentThe Act adds a related restriction, though it is aimed at what may be required of a tenant in connection with the agreement rather than at ongoing payment fees:
A person must not require or receive from a tenant any monetary amount for or in relation to a residential tenancy agreement other than rent and a security bond.
LegislationResidential Tenancies Act 1987 (WA), s 27(1), titled “Restriction on consideration for tenancy agreement” - fine up to $5,000In practice s 27 bites hardest on the entry side - application fees, key money and similar amounts - which is directly relevant to rental application platforms. Whether it also reaches a fee charged during the tenancy for paying rent is arguable, but not established.
Except as otherwise provided in a residential tenancy agreement, a tenant under the agreement may pay rent in the form of cash or a cheque, or in the manner referred to in section 33(2).
LegislationResidential Tenancies Act 1987 (WA), s 34A · WA LegislationSo WA’s protection on ongoing payment rests mainly on the regulator’s guidance requiring a fee-free option, backed by s 34A’s right to pay by cash, cheque or into the lessor’s nominated account - not on s 27.
What cannot be charged
No fee on the fee-free option, and no passing on of third-party collection costs. Ordinary charges from your own bank are treated separately.
What methods must be offered
- Direct bank payment - no landlord fee.
- BPAY - where offered as the fee-free option, the landlord absorbs platform fees.
- Centrepay - fee responsibility depends on the agreed arrangement.
- Third-party collectors - the landlord absorbs the cost.
What about inconvenient alternatives?
UnresolvedWA has no express “reasonably convenient” or “reasonably available” test equivalent to SA, QLD or VIC. The agreement requirement may still matter in individual cases, but convenience-based arguments are weaker here - and s 27 is an entry-charge provision, not an ongoing-payment one.
Relevant guidance
How to dispute it
Start with the written request. If that fails, contact Consumer Protection on 1300 30 40 54, and the State Administrative Tribunal (or the Magistrates Court for some claims).
Unresolved questions
- UnresolvedWhether rotating payment details can breach the requirement for a fee-free option, in the absence of a convenience standard.