Terminating a Residential Lease (WA)
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.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.
