Risks Renters Face Ending Tenancy in WA

Moving out and ending a tenancy in Western Australia can be a complex process fraught with potential pitfalls if not handled with due care. Understanding the risks involved and being aware of your rights and obligations as a renter can help you navigate this process smoothly. Here's how you can minimize risks and take charge of your tenancy end.

Understanding Lease Terminations in WA

Before deciding to end your tenancy, it’s vital to understand the type of lease you are currently on—fixed-term or periodic. The Residential Tenancies Act 1987 (WA) governs these regulations and outlines the rights and obligations of both tenants and landlords.

Key Risks When Ending a Tenancy

• Breaking a Lease: Ending a fixed-term lease early often involves financial penalties unless you have a valid reason, such as unforeseen hardship. Review your lease agreement carefully to check any exit clauses.
• Property Condition: You must leave the property in a clean and undamaged state. Landlords can claim against your bond for any damages beyond normal wear and tear.
• Giving Notice: For periodic leases, ensure you provide proper notice—usually 21 days—using the appropriate forms, such as Form 22 (Notice of Termination to Tenant).

Ensure that your decisions align with the Residential Tenancies Act 1987 to avoid disputes and financial liabilities.

What Forms Do You Need?

Several forms are crucial when ending a tenancy. These include:

• Notice of Termination to Tenant (Form 22): Used to officially communicate the intention to end the tenancy. It needs to be delivered in advance as per legal requirements.
• Bond Disposal Form: Use this to request a return of your bond money. Disputes may be handled through the Magistrates Court of Western Australia.

Need Help? Resources for Renters

If you need help understanding your rights or the process involved in ending your tenancy, contact the Department of Mines, Industry Regulation and Safety. They provide a wealth of resources and guidance for renters.

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1. What should I do if my landlord claims part of my bond?

   If your landlord is claiming part of your bond unjustly, you can dispute it by applying to the Magistrates Court of Western Australia.

2. Can I end the tenancy abruptly if I face hardship?

   Yes, if you are experiencing severe hardship, you may apply to the court to end the tenancy early without penalty.

3. Are verbal notices valid to terminate a lease?

   No, all terminations must be provided in writing, typically using Form 22.

1. How to terminate a periodic lease legally?
   1. Step 1: Prepare your notice.

      Use Form 22 to prepare a notice of termination and give at least 21 days notice.

   2. Step 2: Deliver it correctly.

      Ensure the notice is either personally delivered or sent via registered post to the landlord.

Key Takeaways

• Understand your lease type and obligations under the Residential Tenancies Act 1987.
• Always use proper forms and provide adequate notice to minimize risks.
• Seek help from official resources if faced with disputes or issues.

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