Are You Protected Against Notice Periods & Terminations in WA

Renting a home in Western Australia comes with its own set of challenges, and understanding your rights regarding notice periods and tenancy termination is crucial. Ensuring that you are well-informed can help protect you against sudden disruptions.

Understanding Notice Periods in Western Australia

Notice periods are the required durations a landlord must give before making changes to a tenancy, such as increasing rent or terminating the lease. In Western Australia, the Residential Tenancies Act 1987 provides detailed guidelines for these processes.

Notice for Rent Increases

In Western Australia, your landlord must provide at least 60 days' written notice before increasing the rent. This notice should be served using the approved format, and it cannot be enacted within the first six months of your tenancy or any existing rent increase.

Termination Notices

• For a periodic lease, 60 days' notice is required if the landlord wants their property back without grounds.
• In the case of a fixed-term lease, your lease must naturally conclude, or the landlord must have grounds to terminate it earlier, for instance, due to breach of agreement.

If you receive a termination notice, confirming that it's valid as per the Residential Tenancies Act 1987 is essential. A period less than the required notice should be questioned and potentially invalidated.

What to Do if You Encounter a Notice Period or Termination

Receiving a notice can be stressful, but there are systems in place to support you:

• Check if the notice complies with the requirements mentioned in your rental agreement and the Residential Tenancies Act.
• Respond promptly to your landlord if you find any discrepancies.
• Use the Form 1A - Notice of Termination if you wish to terminate the lease yourself under lawful circumstances. For more details and to download the form, visit the Consumer Protection WA website.
• Disputes can be addressed at the Residential Tenancy Dispute Resolution Service, the body handling such cases in WA.

Need Help? Resources for Renters

• Consumer Protection Western Australia: Provides comprehensive resources and guidance.
• Tenancy WA: Offers legal advice and advocacy for tenants.
• Residential Tenancies Act 1987: Access the full legal document outlining tenant and landlord rights.

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1. What are the legal notice periods for rent increases in WA? In Western Australia, landlords must provide tenants with at least 60 days' written notice before a rent increase comes into effect.
2. Can a landlord terminate my lease mid-term? In general, a fixed-term lease can only be terminated early if there is a substantial breach of agreement or mutual agreement.
3. What should I do if I receive a termination notice without grounds? Verify the validity based on the lease agreement and the Residential Tenancies Act, and reach out for legal advice if necessary.

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