Understanding Notice Periods & Terminations in WA

As a renter in Western Australia, it’s important to understand your rights and responsibilities when it comes to notice periods and tenancy termination. Being informed can help you navigate any changes in your tenancy agreement with confidence.

Notice Periods in Western Australia

In Western Australia, notice periods vary depending on the reason for the termination of the tenancy. It is essential to know these timeframes to ensure both landlords and tenants comply with the law as outlined in the Residential Tenancies Act 1987.

When a Landlord Terminates the Tenancy

• Without grounds: If a landlord wants to terminate the tenancy without specific grounds, they must provide a minimum of 60 days' notice.
• For sale of property: If your rental property is sold, the new owners may issue a 30-day notice to vacate after settlement.
• Breach of agreement: If you have breached the terms of your agreement, the landlord can issue a 14-day notice to remedy the breach or vacate if the breach is not rectified.

For problems related to notice periods or tenancy terminations, you can contact the Department of Mines, Industry Regulation and Safety (DMIRS) for guidance and support.

When a Tenant Terminates the Tenancy

• Regular termination: You are required to provide a 21-day notice if you want to end the lease at its conclusion, ensuring all rent payments are up to date till the end date.
• Breaking lease early: If you need to break the lease early, you must discuss it with your landlord. Although not obligated, landlords may agree to it, usually requiring the tenant to cover the cost of re-letting and any rent difference.

Understanding these notice periods can prevent any unnecessary disputes and ensure a smoother transition if changes occur in your living arrangements.

Forms Related to Tenancy Termination

Several key forms might be necessary during the process of tenancy termination:

• Form 1C - Notice of Termination for Breach of Agreement: Used by landlords to notify tenants of breaches and possible tenancy termination. If you receive this, it's crucial to address the breach or discuss with your landlord. Find the form here.
• Form 22 - Notice by Tenant to Owner of Termination: This form is used by tenants to provide official written notice to terminate the tenancy. Download it here.

Need Help? Resources for Renters

Below are resources you can turn to for assistance with tenancy termination issues:

• Department of Mines, Industry Regulation and Safety (DMIRS): Offers resources and support for tenancy questions and disputes.
• Tenancy WA: Provides free advice, information, and advocacy for renters.
• Your nearest Community Legal Centre: Offers legal support for various tenant issues.

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1. How much notice does a landlord have to give in Western Australia? A landlord must provide at least 60 days' notice without stating a specific reason. For breach or sale of property, shorter notice periods apply.
2. Can I break my lease early? Yes, with your landlord’s agreement. You will generally need to cover the costs associated with re-letting and any rent differences.
3. What if my landlord breaches the agreement? You may issue notice for the landlord to comply or apply to the Magistrates Court for a remedy. Professional advice from a legal centre may be necessary.

1. How to issue a Notice of Termination in Western Australia
   1. Step 1: Assess the Situation Ensure that you have valid reasons to terminate the tenancy. This could be due to a breach of agreement or the natural end of a lease.
   2. Step 2: Complete the Appropriate Form Use Form 22 for tenant-initiated termination or Form 1C for breach notification by landlords.
   3. Step 3: Submit the Form Properly Deliver the completed form in person or send it via registered post to ensure proof of delivery.
   4. Step 4: Seek Assistance if Needed If you face difficulties, contact the DMIRS or a local legal aid agency.

Key Takeaways

• Understand the types of notice periods and respective obligations in Western Australia.
• Use official forms for all termination correspondences to protect your rights.
• Seek professional advice to handle any disputes effectively.

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