Help for Ending a Tenancy in Western Australia

Ending a tenancy in Western Australia can be quite the process, involving everything from understanding your rights to completing necessary paperwork. Fortunately, renters have access to a variety of resources to help navigate these challenges. This guide will direct you to the best sources of help, relevant forms, and essential agencies involved in the process.

Understanding Your Rights

As a tenant in Western Australia, your rights are protected under the Residential Tenancies Act 1987. This legislation outlines your rights and responsibilities as you prepare to end your tenancy, including how and when you can give notice, and what constitutes fair wear and tear.

Key Forms and Their Uses

Form 22: Notice of Termination

If you've decided to end your tenancy, you'll need to complete a Form 22, the Notice of Termination. This form informs your landlord that you intend to vacate the property by a specified date. For example, if you're on a periodic lease and plan to move out, submit this form to your landlord giving at least 21 days' notice, as required by law.

You can access Form 22 on the Department of Mines, Industry Regulation and Safety website.

Dispute Resolution through the Magistrates Court

In cases where disagreements arise, such as disputes over bond refunds or notice validity, tenants can apply to the Magistrates Court of Western Australia for resolution. This court handles residential tenancy disputes, offering a formal venue to address your concerns.

Steps to Move Out Smoothly

• Confirm your notice period based on the type of lease you have.
• Complete and submit the necessary forms such as Form 22.
• Attend any final inspections as scheduled by your landlord.
• Ensure all rent and fees are paid up to your move-out date.
• Request a bond refund from your landlord or the department with the proper documentation.

Tip: Always keep copies of your submitted forms and any correspondence with your landlord regarding the termination.

1. What notice do I need to give my landlord? You need to provide at least 21 days' notice if you are on a periodic lease, or the appropriate notice as per your fixed-term agreement.
2. Can I leave before my lease ends? Yes, but you may need to compensate the landlord for any loss they incur due to your early departure.
3. How can I resolve a bond dispute? Bond disputes can be addressed through the Magistrates Court if you and your landlord cannot reach an agreement.

1. How to file a Notice of Termination in Western Australia
   1. Download Form 22 from the official Consumer Protection website.
   2. Complete the form with your and the landlord's details, and specify your intended move-out date.
   3. Provide at least 21 days' notice to your landlord by delivering the form in person or sending it via registered mail.
2. How to apply for a bond refund
   1. Request the bond refund form from your landlord or access it from the relevant government website.
   2. Fill out the form with the required information and submit it.

Need Help? Resources for Renters

• Consumer Protection WA – Provides guidance on tenant rights, complaint procedures, and access to the necessary forms.
• Magistrates Court of Western Australia – Handles tenancy disputes and provides a platform for legal recourse if needed.
• Tenancy WA – A non-profit offering advice and advocacy for renters dealing with tenancy issues. Visit their website for more information.

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• Residential Tenancies Act 1987 provides clear guidelines for both tenants and landlords regarding notice, disputes, and termination requirements.
• Form 22 is essential for notifying your landlord of your intention to vacate the property.
• Tenancy disputes can be resolved through the Magistrates Court or with the help of legal aid services in WA.

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