Understanding Notice Periods and Termination in WA

As a renter in Western Australia, understanding your rights and responsibilities around notice periods and tenancy terminations is essential. Whether you're facing a rent increase or looking to end your lease, knowing the correct procedures can help you confidently navigate your renting journey.

Notice Periods for Renters in Western Australia

In Western Australia, notice periods are defined by the Residential Tenancies Act 1987. This Act outlines the processes for both tenants and landlords when terminating a tenancy agreement.

Ending a Fixed-Term Tenancy

If you wish to end a fixed-term tenancy at its conclusion, you should provide at least 30 days' written notice before the lease end date. Use Form 22: Notice of Termination, available on the Western Australian Consumer Protection website.

Ending a Periodic Tenancy

For periodic tenancies, tenants must provide 21 days' notice, while landlords must give 60 days' notice if they wish to terminate without grounds. Use Form 1C: Notice of Termination to communicate your intent to end the tenancy. Forms can be downloaded from the Consumer Protection website.

Understanding Termination for Breach

If a party breaches the agreement, such as failing to pay rent or damaging the property, different rules apply:

• Non-payment of Rent: Landlords can issue a 14-day notice using Form 1A: Notice of Termination for Non-Payment.
• Other Breaches: A 7-day notice is applicable for other breaches, using the Form 1B: Breach Notice.

Tip: Always keep copies of any written communication and forms submitted or received. This ensures you have records of important notices and correspondence.

What to Do if You Receive a Notice

Receiving a notice can be stressful. Here's how to handle it:

• Read the notice carefully and note the deadline.
• Review your rental agreement to understand your obligations.
• Contact a legal service if you need advice or if you disagree with the notice.

FAQ

1. What happens if I don't leave after receiving a termination notice? If you don't vacate the property by the outlined date, the landlord can apply to the Magistrates Court for an order to evict you.
2. Can my landlord increase the rent without notice? No. In WA, landlords must provide at least 60 days' written notice before increasing rent during a periodic agreement.
3. How do I dispute a breach notice? Follow the steps in your notice or contact Consumer Protection for assistance. You may also apply to the Magistrates Court for a ruling.

How To Guide: Responding to a Termination Notice

1. Step 1: Verify the Notice Details
   Ensure the notice complies with the rules set by the Residential Tenancies Act.
2. Step 2: Gather Evidence
   Collect any relevant documents, like your lease, payment receipts, and prior correspondence.
3. Step 3: Seek Legal Advice
   Contact services such as the Tenants' Advice Service for help.
4. Step 4: Respond in Writing
   Write a letter contesting the notice if you have grounds to do so, and submit it to your landlord.

Key Takeaways

• Understand the notice requirements in your lease under the Residential Tenancies Act 1987.
• Always use the correct forms found on official government sites.
• Seek help from rental advocacy services if needed.

Need Help? Resources for Renters

For those needing assistance, consider reaching out to the following organizations:

• Consumer Protection WA
• Legal Aid WA
• Tenants' Advice Service

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1. Residential Tenancies Act 1987 (WA), Section 68. Available at: legislation.wa.gov.au
2. Consumer Protection WA. Information available at: Commerce WA
3. Magistrates Court of Western Australia, Tenancy Matters. Available at: magistratescourt.wa.gov.au

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