Help for Notice Periods & Terminations in WA

Living as a renter in Western Australia can be challenging, especially when facing notice periods or tenancy terminations. Understanding your rights and knowing who to turn to for help can make a significant difference in these situations.

Understanding Notice Periods and Terminations in WA

In Western Australia, notice periods and tenancy terminations are regulated by the Residential Tenancies Act 1987. This law outlines landlords' and tenants' rights and responsibilities, including how and when a tenancy can be terminated.

Notice Periods

• For rental arrears, the landlord can issue a Form 1C Notice of Termination giving 7 days if rent is overdue.
• For a fixed-term lease, the landlord must give 30 days' notice before the lease ends.
• For a no-ground termination, a landlord must provide 60 days' notice.

Official forms such as the Form 1C Notice of Termination are available at the WA Department of Mines, Industry Regulation and Safety’s website.

What To Do If You Receive a Notice

If you receive a notice, it's important to first check its validity:

1. Examine the reason: Ensure it aligns with those permitted under the Residential Tenancies Act 1987.
2. Check the dates: Verify that the notice period complies with legal requirements.
3. Seek advice: Contact local tenancy support services for guidance.

Disputing a Notice

If you believe the notice is unfair or incorrect, you have the right to dispute it. You can apply to the Magistrates Court of Western Australia for a review. Seeking advice from a community legal centre can also provide valuable support.

Key Tips for Renters

Need Help? Resources for Renters

Here are some resources you can reach out to for help:

• Tenancy WA: Offers free legal advice and information for tenants.
• Magistrates Court of WA: Handles tenancy disputes and applications.
• Community Legal Western Australia: Provides legal services to the public, including renters.

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1. What should I do if I receive a no-ground termination notice? If the notice meets the legal requirements, you may need to begin preparing to vacate the property by the end of the notice period. If you believe the notice is unjust, consider contacting a legal service for guidance.
2. How can I verify the validity of a termination notice? Check that the notice includes correct details, such as dates and reasons for termination, and that it's signed by the landlord.
3. What is a Form 1C, and when is it used? A Form 1C is a notice of termination for non-payment of rent, issued when you're 2-3 days overdue.

1. How to respond if you dispute an eviction notice in WA
   1. Step 1: Review the notice - Check for compliance with the Residential Tenancies Act 1987.
   2. Step 2: Seek legal advice - Contact local legal or tenancy advisory services.
   3. Step 3: File an application - Submit your application to the Magistrates Court of WA, if necessary.

Key Takeaways

• Understand your rights and responsibilities under the Residential Tenancies Act 1987.
• Keep records of all communications and notices.
• Seek advice early if you receive a notice you wish to dispute.

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1. Residential Tenancies Act 1987, available at legislation.wa.gov.au

2. Magistrates Court of Western Australia, tenancy information available at magistratescourt.wa.gov.au

3. Tenancy WA, services and help can be accessed at tenancywa.org.au

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