Top Issues Tenants Face With Evictions & Breach Notices in WA

Evictions and breach notices can be stressful experiences for renters in Western Australia. Understanding your rights and obligations can help navigate these situations. The Residential Tenancies Act 1987 is the primary legislation governing rental agreements in WA, providing crucial protection for tenants.

Common Eviction Issues in Western Australia

Western Australian tenants often face several recurring issues regarding evictions and breach notices. Here's what typically causes the most confusion:

• Non-payment of rent: This is the most common reason for eviction. If you’re late, your landlord might issue a breach notice.
• Failure to rectify breaches: Issues arise when tenants fail to fix a breach by the specified date, leading to eviction proceedings.

Understanding Breach Notices

A breach notice informs tenants of their non-compliance with the lease agreement. The most common breaches involve rent, property maintenance, and unauthorised occupants.

If you receive a breach notice, address the issue promptly to avoid further legal action.

Eviction Process in WA

Landlords must follow legal procedures when evicting tenants. This typically involves issuing a Notice of Termination, which varies based on the breach:

• Form 1C - Notice of Termination for Non-payment of Rent: Issued when rent is overdue by more than one day. Get the form here.
• Form 3 - Notice to Remedy Breach: This notice is served when other breaches occur. The tenant usually has 14 days to remedy.

For unresolved disputes, landlords and tenants can apply to the Western Australia Magistrates Court.

FAQ

1. What should I do if I disagree with a breach notice? You should first communicate with your landlord and try to resolve the issue. If unresolved, you may apply to the Western Australia Magistrates Court for dispute resolution.
2. Can I refuse entry if my landlord wants to inspect the property? Tenants have the right to reasonable privacy. However, landlords can inspect given proper notice, typically seven days.
3. How can I avoid eviction due to rent arrears? Communicate proactively with your landlord. If experiencing financial hardship, renters may be eligible for state support or assistance programs.

How To Respond to an Eviction Notice

1. Step 1: Read the Notice Carefully: Identify the reason for eviction and any deadlines for response or action.
2. Step 2: Seek Clarification or Discuss with Landlord: Contact your landlord to discuss the issues at hand and rectify misunderstandings.
3. Step 3: Take Corrective Action: Remedy any specified breaches or pay overdue rent if possible.
4. Step 4: Apply for Mediation or Dispute Resolution: If disagreements persist, consider mediation or lodge an application with the WA Magistrates Court.

Key Takeaways

• Address breach notices promptly to avoid escalation.
• Understand your rights and responsibilities under the Residential Tenancies Act 1987.
• Utilize mediation services through Western Australia's rental services if needed.

Need Help? Resources for Renters

If you're facing eviction or breach notices in WA, the following resources can help:

• Consumer Protection WA - Offers guidance and resources for tenants.
• Tenancy WA - Provides legal advice and information for tenants across the state.
• Community Legal Centres Association - Offers free legal services for tenancy issues.

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¹ WA Government, Residential Tenancies Act 1987: Official legislation page

² WA Government Eviction Notice Forms: Rental forms

³ WA Government Community Services

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