Common Issues with Notice Periods in WA

Renters in Western Australia often face challenges when it comes to notice periods and tenancy termination. Understanding your rights and responsibilities is crucial to ensure you are treated fairly under the law.

Understanding Notice Periods in Western Australia

Notice periods refer to the time frame given for either party to end a lease. In Western Australia, these are governed by the Residential Tenancies Act 1987 (WA). Common issues arise when there is confusion about these notice periods.

Notice for Termination by Landlord

Landlords must provide written notice before terminating a tenancy. The standard notice period is 60 days unless grounds for a shorter period exist. For example, if rent has been unpaid for 14 days, they may issue a 7-day notice.

Notice for Termination by Tenant

Tenants also have responsibilities regarding notice periods. If you plan to vacate a property, it's usually 21 days if on a periodic lease or the end date specified in a fixed-term agreement. Understanding and adhering to these can prevent disputes.

Common Tenant Concerns

• Unlawful Termination: Tenants may believe their lease was unjustly ended. In such cases, they should gather documentation and seek mediation or legal advice.
• Short Notice or Illegal Notices: A notice must be in writing and specify the reason for termination. If this is not met, tenants can dispute it.
• Challenges with Documentation: Keeping track of notices and lease agreements is vital. Ensure all communications are documented and backed up. Proper documentation can be crucial in disputes.

Always respond to a notice in writing and keep a record of all communications with your landlord.

Forms and Legal Procedures

If you receive an unfair eviction notice, consider completing and lodging a Residential Tenancy Application Form (Form 6), which helps dispute unfair notices through the Department of Mines, Industry Regulation and Safety (DMIRS).
You can access these forms from the official website, ensuring you follow the correct procedures in your appeal.

Need Help? Resources for Renters

If you're facing issues with notice periods or tenancy termination, you can seek assistance from several resources:
Consumer Protection WA - Guidance on rental rights
Tenancy WA - Free legal advice for tenants
State Administrative Tribunal (SAT) - The tribunal for resolving disputes

---

1. What is the standard notice period for eviction in WA? The standard notice period is 60 days, but shorter periods may apply in specific circumstances.
2. How can I dispute an unfair eviction notice? You can dispute it by lodging a Residential Tenancy Application Form and requesting a hearing at the State Administrative Tribunal.
3. What should a valid eviction notice include? It must be in writing, specify the reason for termination, and meet the timeframes set in the Residential Tenancies Act 1987.

1. How to challenge an eviction notice in WA
   1. Step 1: Review the notice - Ensure it complies with the state's legal requirements.
   2. Step 2: Gather evidence - Collect all correspondence and documents related to your tenancy.
   3. Step 3: Lodge a dispute - Fill out the required form and submit it to the State Administrative Tribunal.
   4. Step 4: Attend the hearing - Present your case and evidence to an adjudicator.

Key Takeaways

• Know your rights under the Residential Tenancies Act 1987 (WA).
• Keep thorough records of all tenancy communications and notices.
• Utilize available resources like Tenancy WA for guidance and support.

---

1. Residential Tenancies Act 1987 (WA)
2. Consumer Protection WA
3. State Administrative Tribunal

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid