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This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
In Western Australia, a residential tenancy may be terminated for a number of different reasons. A lease may be terminated either by the landlord or by the tenant. This page deals with the termination of residential tenancies in Western Australia.
Legislation
The governing legislation for residential tenancies in WA is the Residential Tenancies Act 1987. This Act was significantly amended during 2024, with new laws being introduced about rent increases and changes to the law on renting with a pet. However, unlike in most other states, no changes were made to the laws surrounding the circumstances where a lease can be terminated.
Residential tenancies are overseen by the Consumer Protection division of the Department of Mines, Industry Regulation and Safety.
When can landlords terminate a residential lease?
A landlord may terminate a lease in three main ways.
Where there has been a breach
Under section 62 of the RTA, a landlord may terminate a lease where the tenant has breached the agreement and the breach has not been rectified.
When a tenant is in breach of their lease, the landlord must give them 14 days’ notice to rectify the breach. If it is not rectified, the lease can be terminated with seven days’ notice.
Without grounds
Under section 64 of the RTA, a landlord may terminate a periodic tenancy, or a tenancy that has reached the end of its fixed term, for no reason if they give the tenant at least 60 days’ notice. However, a tenant may apply to a court for an order extending the notice period for a further 60 days.
Where property is being sold
Under section 63 of the RTA, a landlord may terminate a periodic lease, or a fixed-term lease at the end of the fixed term because they have entered into a contract of sale for the premises that requires them to give vacant possession of the property. When this occurs, the tenant must be given at least 30 days’ notice.
When can tenants terminate a residential lease?
A tenant may terminate a lease in two main ways.
Without grounds
A tenant may terminate a periodic tenancy at any time by providing the landlord with 21 days’ notice. A tenant may end a fixed-term tenancy at the end of the fixed term by providing 30 days’ notice.
Family violence
A tenant may terminate a lease on the basis that they, or their dependant, is experiencing domestic violence. A notice of termination on this ground must be accompanied by evidence of the domestic violence such as a DVO, charge sheet or police report.
Where agreement is frustrated
Under section 69 of the RTA, either party may terminate a lease where the property is rendered uninhabitable or ceases to be usable.
What happens after terminating a residential lease?
If a tenant does not vacate a property after the lease has been terminated, the landlord may apply for a repossession order. Where termination occurs because of a breach of the agreement, the landlord may also seek reimbursement for damages caused to the premises, or unpaid rent.
Where the arrears or damages sought is less than $10,000, the landlord may apply to the Residential Tenancy division of the Magistrates Court. If the breach in question involves more than $10,000, then the application needs to be made in the General division of the Magistrates Court, which has a jurisdictional limit of $75,000
Property seizure and delivery orders
Occasionally, a tenant may refuse to vacate a property even after the landlord has obtained a court order. In this situation, the landlord will need to apply for a Property Seizure and Delivery Order (PSDO) and organise a bailiff and locksmith to facilitate the PSDO. It is recommended that independent legal advice is obtained to ensure that all of the necessary personnel are appointed, and steps taken.
What if the tenant still owes me rent or I have to fix damages they have caused?
If the amount sought is under $10,000, this can be included as part of the residential tenancy application itself. However, if the amount sought is over $10,000, landlords will need to file a separate application for damages in the general division.
Further advice
GTC Lawyers has a team of highly trained expert lawyers who are more than capable of advising and representing their clients when it comes to residential tenancy matters.
If you require advice on terminating a residential lease, or in any other legal matter, please book a consultation with Go To Court Lawyers.
faqs: - question: 'Can a landlord terminate a fixed-term lease early without grounds in WA?' answer: 'No, a landlord cannot terminate a fixed-term lease early without grounds in Western Australia. Under section 64 of the Residential Tenancies Act 1987, landlords can only terminate without grounds for periodic tenancies or tenancies that have reached the end of their fixed term. Fixed-term leases can only be terminated early for specific reasons such as tenant breach or property sale circumstances.' - question: 'What notice period must WA landlords give for lease termination due to breach?' answer: 'WA landlords must follow a two-stage notice process for breach-related terminations. Under section 62 of the Residential Tenancies Act 1987, landlords must first give tenants 14 days'' notice to rectify the breach. If the tenant fails to fix the breach within this period, the landlord can then terminate the lease with an additional seven days'' notice.' - question: 'How much does legal advice cost for residential lease termination matters in WA?' answer: 'Go To Court Lawyers offers a fixed consultation fee of $295 for residential lease termination matters in Western Australia. During this consultation, you can discuss your specific circumstances, understand your rights and obligations under the Residential Tenancies Act 1987, and receive tailored advice on the best approach for your situation, whether you''re a landlord or tenant facing lease termination issues.' - question: 'How can a lawyer help with residential lease termination disputes in WA?' answer: 'A lawyer can assist by reviewing your lease agreement and circumstances to determine valid termination grounds, preparing proper notice documents that comply with the Residential Tenancies Act 1987, representing you in negotiations with the other party, and advocating for you in court proceedings if disputes arise. They can also help challenge improper termination notices or extend notice periods where legally possible.' - question: 'Are there strict time limits for responding to lease termination notices in WA?' answer: 'Yes, WA residential lease termination involves strict time limits that must be observed. Tenants have only 14 days to rectify breaches before facing seven days'' termination notice. For no-grounds terminations, landlords must give 60 days'' notice, but tenants can apply to court for a 60-day extension. Missing these deadlines can significantly impact your legal position and available remedies.' ---