Understanding Evictions & Breach Notices in Western Australia

Renting a home in Western Australia comes with its set of rules, especially when it comes to handling evictions and breach notices. As a tenant, it’s crucial to understand your rights and obligations under the Western Australian Residential Tenancies Act 1987. This guide will navigate you through the essential aspects of evictions and breach notices, ensuring you can effectively respond to any issues that may arise during your tenancy.

What is an Eviction Notice?

An eviction notice is a formal document served by a landlord when they seek to terminate your tenancy. This can occur for several reasons, such as non-payment of rent, breaches of the rental agreement, or the landlord requiring the property for personal use. It's important for tenants to know that a landlord must follow the legal procedure as outlined in the Residential Tenancies Act 1987 in Western Australia.

Types of Eviction Notices

• No-Ground Termination Notice: The landlord may issue a notice without specifying any grounds, provided it complies with the minimum notice period.
• Grounded Termination Notice: This occurs when specific conditions, such as a breach of agreement, justify the eviction.

Breach Notices Explained

A breach notice is issued to inform the tenant that they have violated the terms of their lease agreement. Common examples include failing to pay rent on time or damaging the property.

Responding to a Breach Notice

If you receive a breach notice, you should act promptly. Review the notice details and rectify the issue within the specified period to avoid escalation to a termination notice.

Action Steps for Tenants

1. Receiving a Notice: Carefully read and understand the notice. Note the deadlines and reasons for the notice.
2. Reach Out to Your Landlord: Communicate with your landlord to address the issue, especially if it's about misunderstanding or solvable problems.
3. Seek Resolution: If you believe the notice is unjustified, seek legal advice or mediation services to resolve the dispute.

It’s always better to address and resolve potential issues early to maintain a healthy tenant-landlord relationship.

Need Help? Resources for Renters

• Consumer Protection WA: Offers guidance and support for tenancy matters.
• Western Australian Residential Tenancies Act 1987: Full text of the legislation governing tenancies.
• State Administrative Tribunal: Handles disputes between landlords and tenants.

---

1. What should I do if I receive a termination notice? If you receive a termination notice, first check if the notice is consistent with the Residential Tenancies Act 1987 requirements. Consider negotiating with your landlord or seeking legal advice.
2. Can the landlord evict me without notice? No, landlords in Western Australia cannot evict without notice. They are required to follow due process as per the Residential Tenancies Act 1987
3. Are physical eviction methods like changing locks legal? No, landlords must follow legal procedures for eviction. Changing locks or any forceful eviction without a court order is illegal.
4. How can I dispute an eviction notice? You can apply to the State Administrative Tribunal to dispute the notice if you believe it's unjustified.
5. What happens if I do not comply with a breach notice? Failure to comply may lead to further legal action, including eviction proceedings.

1. How to Respond to a Breach Notice in Western Australia
   1. Step 1: Review the Notice: Check the details and deadline provided in the notice to ensure clarity on the issue and response timeframe.
   2. Step 2: Address the Breach: If the notice pertains to overdue rent or damage, take prompt action to fix the situation as specified in the notice.
   3. Step 3: Communicate with Your Landlord: Inform the landlord of your corrective measures, and inquire if any further action is needed.
   4. Step 4: Seek Mediation if Necessary: If there's a disagreement, consider mediation to resolve the issue amicably.

Key Takeaways

• Understand the types of eviction and breach notices to act accordingly.
• Maintain effective communication with your landlord to prevent misunderstandings.
• Seek support from legal advisors or mediation services for disputes.

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid