Understanding Notice Periods and Terminations in Western Australia

As a renter in Western Australia, understanding your rights regarding notice periods and terminations is crucial to ensure your tenancy is protected under the law. The Residential Tenancies Act 1987 (WA) regulates these processes, providing clear guidelines for both renters and landlords¹.

Notice Periods in Western Australia

Notice periods are the time frames landlords must give when they want to end a tenancy. In Western Australia, these periods vary depending on the type of lease you have.

Fixed-term Lease

• Upon lease expiration, landlords must give 30 days' notice if they do not wish to renew.
• If the lease has expired and you wish to leave, you must provide 30 days' notice.

Periodic Lease

• For no-cause terminations, landlords must provide 60 days' notice.
• If the property is sold and the buyer requires vacant possession, 30 days' notice must be given.

Note that these notice periods are the minimum legal requirements, and you and your landlord may agree to different terms as long as they comply with the Act.

Termination of Tenancy

Tenancies can be terminated for various reasons under the Residential Tenancies Act 1987 (WA)². Reasons include breaches by the tenant, such as non-payment of rent, or breaches by the landlord, like failure to maintain the property.

Common Forms for Tenancy Termination

• Form 1C - Notice of Termination: Used by landlords to terminate tenancy. Notice period varies based on reason.
• Form 12 - Tenancy Breach Notice: Used when the tenant or landlord breaches the contract. Must provide seven days to remedy the breach.

For example, if your landlord isn't maintaining the property as required, you could issue a Form 12 to address the issue.

Always communicate clearly and in writing with your landlord to resolve issues promptly.

Need Help? Resources for Renters

• Consumer Protection WA - Offers guidance on tenancy rights and dispute resolution.
• Sussex Street Community Law Service - Provides legal advice for tenants.
• Western Australian Tenancy Tribunal - Handles disputes formally.

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1. What is the minimum notice period for a landlord to terminate a periodic lease without cause? Landlords must give at least 60 days' notice for no-cause terminations for periodic leases in WA.
2. Can a rental agreement in Western Australia be ended early? Yes, either party can end a fixed-term agreement early under certain circumstances, including mutual agreement or significant lease breach.
3. What should I do if my landlord breaches the lease agreement? Issue a Form 12 notice to identify the breach and request remedy within seven days, and consider seeking legal advice if unresolved.

1. How to respond to a termination notice in Western Australia
   1. Review the Notice: Check if the notice complies with the required form and notice period.
   2. Understand Your Options: Determine whether you want to contest the notice, which may require applying to the WA Tenancy Tribunal.
   3. Communicate with Your Landlord: Contact them to discuss potential resolutions or clarifications.

Key Takeaways:

• Familiarize yourself with the Residential Tenancies Act 1987 (WA) to understand your rights.
• Ensure all communications with landlords are documented, especially concerning notices and breaches.
• Seek assistance from legitimate resources like Consumer Protection WA for any tenancy disputes.

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¹ Residential Tenancies Act 1987 (WA) ² Residential Tenancies Act 1987 (WA)

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