24 Aug 2026

Do Tenants Have to Report Damage in WA? Storm and Fence Damage Explained

WA tenants must report rental property damage as soon as practicable. Learn what to report after a storm, who may pay, and what landlords should do.

Yes. In Western Australia, a tenant must tell their landlord or property manager as soon as practicable after any damage to the rental property.

That applies whether the damage was caused by the tenant, a visitor, a storm, a break-in, a neighbouring property, or something that has simply failed. Reporting damage is not an admission that the tenant caused it or must pay for it. Those are separate questions.

If a storm knocks down a boundary fence, do not assume the neighbour, their contractor, or their property manager will notify your landlord. Report it to your own landlord or agent, include useful photographs, explain any safety or security risk, and keep a written record.

This guide explains what WA tenants should report, what “as soon as practicable” means, how responsibility for the repair is assessed, and how landlords can respond without jumping to conclusions.

It is general information only and not legal advice.

The reporting duty and the repair bill are different issues

Section 38 of the Residential Tenancies Act 1987 makes it a term of every residential tenancy agreement that the tenant must:

notify the landlord as soon as practicable after any damage to the premises; and
not intentionally or negligently cause or permit damage to the premises.

These are separate duties. A tenant can comply with the first duty by reporting damage without accepting responsibility under the second.

Consumer Protection WA separates repair responsibility broadly like this:

What happened?	Should the tenant report it?	Who generally handles the repair cost?
A storm, flood, break-in, or unrelated third party caused the damage	Yes, as soon as practicable	The landlord generally arranges the repair and deals with insurance, adjoining owners, or recovery from another party
The tenant, their guest, or their pet caused the damage	Yes, as soon as practicable	The tenant may be responsible for arranging or paying for the repair
A fixture failed through age, ordinary use, or another maintenance issue	Yes, because a repair is needed	The landlord is generally responsible, subject to the agreement and the particular facts
The condition is fair wear and tear	Tell the landlord if maintenance is needed	The tenant is not responsible merely because deterioration occurred through ordinary use
Nobody yet knows the cause	Yes—do not wait for blame to be decided	Preserve the evidence first; responsibility can be assessed after the cause is investigated

The practical rule is simple: report first, investigate second.

What does “as soon as practicable” mean?

The Act does not give tenants one fixed number of hours or days for every type of damage. “As soon as practicable” depends on the circumstances, including:

when the tenant became aware of the damage
whether it creates an immediate safety, security, or weatherproofing risk
whether delay could make the damage worse
whether it is safe to inspect or photograph the area
whether emergency services or a utility provider must be contacted first

A collapsed fence, active water leak, damaged roof, broken external lock, sparking outlet, or sagging ceiling should be reported immediately once people are safe. A non-dangerous maintenance problem should still be reported promptly rather than saved for the next routine inspection.

Tenants are not expected to diagnose the technical cause. Describe what can be seen, heard, or smelled and how the problem affects the property. Let the landlord and a suitable repairer investigate.

Storm damage to a fence: who should the tenant contact?

Imagine a storm has pushed over part of a dividing fence. The neighbour says their property manager knows about it and will arrange someone to fix it.

The tenant should still contact their own landlord or property manager.

The neighbouring manager represents the neighbouring property. They may not know who owns or manages the tenant’s home, what insurance applies, whether the landlord wants the wider fence line inspected, or whether the proposed work matches the existing fence. Their involvement should not be treated as confirmation that the tenant’s landlord has been notified.

The tenant does not need to negotiate the owners’ cost split or choose the permanent repair. The tenant’s job is to report the damage and make the site reasonably accessible and safe.

What to include in the fence report

Send:

the date and approximate time the damage was first noticed
which part of the fence is affected
whether it is leaning, loose, partly down, or completely collapsed
photographs showing the damaged section and nearby posts or footings, where safe
any immediate risk to children, pets, pedestrians, a pool barrier, security, or neighbouring property
anything the neighbour or their representative has said, clearly identified as information rather than an agreed repair plan
the tenant’s availability for access

Do not climb on the fence, handle loose metal sheets in dangerous conditions, enter the neighbour’s property without permission, or attempt structural work.

If the fence is part of a swimming-pool barrier, creates an electrical hazard, is at risk of falling onto a person, or leaves the property exposed to another immediate danger, keep people away and contact the appropriate emergency or safety authority before taking photographs.

Can storm-damaged fencing be an urgent repair?

It can be. Consumer Protection’s rental repair guidance includes storm or fire damage to property and a boundary fence among its examples of other urgent repairs.

The legal test is not simply whether the fence looks untidy. An “other urgent repair” is one needed to avoid:

injury to a person
damage to the rental property or other property
undue hardship or inconvenience to the tenant

After being notified, the landlord must arrange a suitable repairer within 48 hours when the damage meets that test, and must ensure the repair is carried out as soon as practicable.

A stable fence with a small damaged section may be non-urgent. A loose panel likely to become airborne, a failed pool barrier, or a fence at risk of collapsing onto a path may need immediate make-safe work. Explain the actual risk rather than merely labelling the request “urgent”.

For the wider 24-hour and 48-hour rules, see the LandlordLogic guide to urgent repairs in WA rentals.

Reporting damage does not mean the tenant has agreed to pay

Tenants sometimes delay reporting because they fear the landlord will automatically charge them. That delay can make the situation worse.

Responsibility depends on the cause and the evidence:

Storm or natural event: the landlord generally arranges the property repair. The tenant is not responsible merely because they were living there when the storm occurred.
Tenant, guest, or pet damage: the tenant may be responsible for restoring the property or paying reasonable repair costs.
Fair wear and tear: the tenant is not responsible for deterioration from ordinary use over time.
Unknown cause: the parties should preserve evidence and obtain an appropriate assessment before deciding responsibility.

A failure to report can become a separate issue if delay allows avoidable additional damage to occur. For example, the original roof or fence damage may have been caused by a storm, while later water entry or impact damage may be alleged to have worsened because nobody was told.

That does not make the tenant automatically liable for the original event or every later cost. Any claim should be based on evidence about the cause, when the tenant knew, what could reasonably have been done, whether the landlord would have acted, and which loss was actually avoidable.

Prompt written reporting protects both sides because it fixes the timeline before memories fade and conditions change.

What tenants should do when they discover damage

1. Make safety the first priority

Move people and pets away from the danger. Contact emergency services, the electricity or gas network operator, the local government, or another relevant authority when the situation requires it.

Take only reasonable temporary steps that are safe and within your ability. Do not perform electrical, gas, plumbing, structural, asbestos, or other licensed work yourself.

2. Notify your own landlord or agent

Use the emergency contact method provided in the tenancy documents for an urgent problem. A phone call may be necessary, but follow it with an email or message so there is a record.

Do this even if:

a neighbour says they have reported it
another property manager is arranging a quote
a contractor has already inspected from the other side
the problem is outside the living area
the next routine inspection is approaching
you do not believe you caused the damage

3. Record what you can safely observe

Useful evidence may include:

wide photographs showing the location
closer photographs showing the damage
a short video if movement, leaking, or noise matters
the date and time the damage was noticed
recent weather or incident information
the names of people contacted and what they said

Keep the original files where possible. Do not edit an image in a way that changes what it shows.

4. Explain the consequence, not just the defect

“The fence is damaged” gives less useful information than:

Two metal fence panels have fallen into the rear yard after last night’s storm. One adjoining post is leaning, there are sharp edges within reach of the children, and the yard is no longer secure for our dog.

That helps the landlord decide whether immediate make-safe work is needed and which repairer to contact.

5. Do not authorise permanent work without the proper basis

For non-urgent repairs, tenants generally need the landlord’s written permission before engaging a repairer. Urgent repairs have a separate process when the landlord cannot be contacted or does not act within the required period.

Do not approve a neighbour’s permanent repair proposal, select a fence specification, or promise that your landlord will pay. Pass the information to the landlord and allow the affected owners to deal with scope, contractors, insurance, and cost allocation.

6. Follow up and keep the record together

Ask the landlord to confirm:

that the report was received
whether the area should be avoided
what temporary safety action is planned
who will inspect or repair the damage
how access will be arranged
when the next update will be provided

For a simple way to keep the chronology, use the guide to documenting a WA tenancy issue.

A damage-report email tenants can copy

Subject: Rental property damage report – [property address]

Hi [landlord/property manager],

I am reporting damage noticed at the property at approximately [time] on [date].

[Describe what happened and where it is. State only what you know.]

The current safety, security, or property risk is: [describe the effect, or state that no immediate risk is apparent].

I have attached photographs/video taken at approximately [time]. [A neighbour/their property manager] has said [brief factual summary], but I have not authorised any work or agreed to any cost.

Please confirm receipt, any immediate safety instructions, what inspection or repair has been arranged, and how access will be managed. I am available [access details].

Kind regards,

[Tenant name]

Keep the message calm and factual. If there is an immediate danger, call first and send the written record afterwards. The LandlordLogic guide to calm, evidence-friendly tenancy emails explains why this format works well for both parties.

What landlords should do after receiving a damage report

1. Acknowledge it promptly

Confirm that the report has been received and give the tenant any immediate safety instructions. Avoid beginning with blame or a demand for payment.

2. Triage the actual risk

Ask whether anyone is in danger, whether water or electricity is involved, whether the home is secure and weatherproof, and whether the condition could worsen. Arrange make-safe work when needed.

3. Preserve evidence before choosing the final scope

Obtain the tenant’s original photographs, inspection notes, weather information, and a suitable repairer’s observations. Where a fence is involved, inspect the full affected section rather than only the panel that has already fallen.

Record the condition of adjoining posts, footings, retaining structures, gates, pool barriers, and matching materials where relevant. This helps distinguish an isolated impact from broader deterioration.

4. Separate the repair from the responsibility discussion

Safety and further damage may need attention before everyone agrees on who ultimately pays. A landlord can arrange assessment or make-safe work without conceding a disputed cost question.

Do not assume storm damage is tenant damage. Equally, do not ignore evidence that a tenant, guest, pet, or delayed report may have contributed to part of the loss. Deal with each cause separately and keep the reasoning documented.

5. Contact the insurer and adjoining owner where relevant

Notify the building insurer promptly if the policy may respond. For a dividing fence, identify and contact the adjoining owner or their authorised representative rather than expecting the tenant to negotiate on the landlord’s behalf.

The WA Government’s dividing-fences guidance says adjoining owners should generally discuss repair issues and try to agree on the scope and cost. It also explains that when a dividing fence is damaged by a storm or another listed natural event, either owner may carry out an immediate repair without first giving notice and may seek half of the expense from the adjoining owner.

That natural-event rule is an owners’ issue; it does not remove the tenant’s duty to report the damage. Where immediate work is not necessary, early written communication between owners can still prevent disputes about the length, standard, colour, contractor, and cost of the permanent repair.

6. Arrange lawful access and keep the tenant updated

Tell the tenant who will attend, what the visit is for, and the expected timing. Use the correct access process for the circumstances. The WA Form 19 notice-of-entry guide explains the ordinary notice framework; urgent hazards may require a different response under the Act.

If parts, insurers, neighbours, or contractors delay the final repair, explain what has been done, what remains outstanding, and how the risk is being managed.

A simple reporting instruction landlords can give tenants

Do not wait until something goes wrong to explain the process. At the start of the tenancy, give every tenant a short written instruction such as:

Please report any damage, repair need, safety concern, leak, storm impact, or problem with a fence, gate, lock, roof, electrical fitting, plumbing fixture, or supplied appliance as soon as you notice it.

For urgent risks, call [number] and then send photographs and a written summary to [email/address]. For non-urgent matters, report them in writing to [email/portal].

Tell us even if you did not cause the problem or someone else says they will arrange it. Reporting is not an admission of responsibility. Please do not authorise repairs or promise payment without written approval, except through the urgent-repair process allowed by WA law.

Include:

an after-hours contact number
the normal email address or maintenance portal
preferred emergency repairers, if used
instructions for electricity, gas, water, fire, and other immediate hazards
the information and photographs needed
how the tenant should follow up if nobody responds

This turns “the tenant should have known” into a clear process both parties can follow.

Common mistakes that make damage harder to resolve

Tenants

Waiting for the next inspection
Assuming the neighbour has told the landlord
Avoiding a report because they fear an automatic charge
Sending only a close-up photograph with no location or scale
Cleaning up or moving damaged materials before recording the condition
Authorising permanent work without permission
Using an unsafe DIY repair to hide the problem

Landlords and property managers

Treating every report as an admission of tenant fault
Delaying action while arguing about responsibility
Assessing only the visibly collapsed section
Failing to contact an insurer or adjoining owner promptly
Comparing quotes with different lengths, materials, or repair scopes
Giving the tenant no update after the initial report
Relying on a future routine inspection to monitor an active risk

Good records, neutral communication, and a staged response—make safe, assess, agree scope, repair, then allocate substantiated costs—usually produce a better outcome.

Damage-report checklist

For tenants

Make people and pets safe
Notify your own landlord or agent as soon as practicable
Call first for an urgent risk, then confirm in writing
Record when the damage was noticed
Take clear photographs or video where safe
Describe the practical safety, security, or property risk
Pass on what neighbours or contractors have said without treating it as an agreed plan
Do not admit fault, deny obvious facts, or promise payment before the cause is assessed
Do not authorise non-urgent work without written permission
Keep all messages and follow-ups together

For landlords

Acknowledge the report
Triage safety and further-damage risks
Arrange urgent make-safe or repair work within the applicable timeframe
Inspect and document the full affected area
Separate immediate repair action from disputed liability
Notify the insurer where relevant
Contact adjoining owners directly about a dividing fence
Compare like-for-like repair scopes
Arrange lawful access
Keep the tenant informed until the issue is closed

Final note

WA tenants should report damage as soon as practicable even when they did not cause it and even when another person says the problem is being handled. A prompt report gives the landlord the chance to protect people, prevent further loss, preserve evidence, contact insurers or neighbours, and arrange the correct repair.

Landlords should make reporting easy and should not discourage it by treating every message as an admission of fault. Establish the cause and cost responsibility from evidence after the immediate risk is under control.

If the other party is unsure about the process, share this guide so both sides can work from the same information.

This article provides general information about WA residential tenancies and dividing fences. It does not constitute legal advice. Check the current legislation and Consumer Protection guidance, and obtain advice for disputed liability, insurance, major damage, or urgent safety issues.