Help with Evictions & Breach Notices in WA

Receiving an eviction or breach notice can be stressful, especially when you're unsure about your rights as a renter in Western Australia. Whether you're facing issues with your rent or a breach of lease terms, understanding the process is key to protecting yourself.

Understanding Evictions and Breach Notices

In Western Australia, the Residential Tenancies Act 1987 outlines the rights and responsibilities of both landlords and tenants. It specifies the grounds on which a landlord can issue an eviction or breach notice and how tenants can respond effectively.

Types of Notices

• Termination Notice: Issued for reasons such as non-payment of rent or breach of lease agreements. It provides the date by which you must vacate if the issue isn't resolved.
• Breach Notice: Served when a tenant violates terms of the lease. Common issues include damage to the property or keeping unauthorized pets.

Steps to Take If You Receive a Notice

It's crucial to act promptly and follow the correct procedures to address the situation:

1. Review the Notice: Carefully read the notice to understand the alleged breach or reason for termination.
2. Address the Issue: If it's a valid breach, try to rectify the problem within the specified time frame.
3. Communicate with Your Landlord: Open communication can sometimes resolve misunderstandings without escalating the issue.
4. Seek Legal Advice: For complex situations, consult a legal professional to understand your rights and options.
5. Apply to the Magistrates Court: If you dispute the notice, you can apply to the Magistrates Court of Western Australia for a resolution.

Official Forms You May Need

• Form 1C - Notice of Termination: Utilized by landlords to terminate a rental agreement.
• Form 12 - Application for a Court Order: Used by tenants to dispute a notice in the Magistrates Court.

These forms are available on the Consumer Protection WA website.

Helpful Tips for Renters

FAQ

1. What is a breach notice? A breach notice is a formal document issued by a landlord indicating a violation of the rental agreement. Addressing the breach quickly can prevent further action.
2. Can I dispute an eviction notice in WA? Yes, tenants can dispute an eviction notice by applying to the Magistrates Court. Professional legal advice may be beneficial in such cases.
3. How much notice must a landlord provide for eviction? In Western Australia, the notice period varies depending on the reason for eviction but typically ranges from 7 to 60 days.

Steps to Handle a Breach Notice

1. Review the Breach Notice: Thoroughly understand the alleged breach mentioned in the notice.
2. Rectify the Issue: If valid, fix the problem promptly to avoid further action.
3. Communicate with Your Landlord: Discuss the issue to reach an amicable solution.
4. Seek Legal Guidance: Contact a legal professional if you believe the notice is unfair or incorrect.
5. Apply for a Resolution: File an application with the Magistrates Court if necessary, using Form 12.

Need Help? Resources for Renters

For assistance, renters can contact:

• Consumer Protection WA - Provides guidance on tenants' rights.
• Legal Aid WA - Offers free legal support for eligible tenants.
• Tenancy WA - Offers advice and advocacy for renters experiencing difficulties.

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1. Familiarize yourself with the notice received.
2. Seek timely legal or professional advice if in doubt.
3. Communicate openly with your landlord to resolve issues amicably.

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