Western Australia Eviction Process: Notice Requirements and Timelines

Evicting a tenant in Western Australia is a strictly regulated process. Landlords must follow the procedures set out in the Residential Tenancies Act 1987 (WA), using the correct prescribed forms and observing the required notice periods. Any attempt to bypass the legal process can result in significant penalties.

Termination Notice Summary

Non-Payment of Rent

If a tenant falls behind on rent, the landlord must follow a two-step process:

Step 1: Breach Notice (Form 21)

Issue a 14-day breach notice (Form 21) advising the tenant they are behind on rent and must pay within 14 days. If the tenant pays within this window, the tenancy continues as normal.

Step 2: Termination Notice (Form 1A)

If the tenant fails to pay within 14 days, the landlord can issue a 7-day termination notice (Form 1A) requiring the tenant to vacate.

• Form 1A is used when a prior breach notice (Form 21) has been issued.
• Form 1B can be used to terminate for non-payment if no prior breach notice was given, allowing the tenant to remain if they pay the overdue rent within 7 days.

Other Lease Breaches

For breaches other than non-payment of rent (e.g., unauthorised pets, property damage, nuisance behaviour):

1. Issue a 14-day breach notice (Form 20) giving the tenant time to rectify the issue.
2. If not remedied, issue a 7-day termination notice (Form 1C).
3. If the tenant still does not vacate, apply to the Magistrates Court.

No-Fault Termination

Periodic Tenancies

A landlord must provide 60 days' written notice to terminate a periodic (month-to-month) tenancy without a specific reason.

Fixed-Term Tenancies

To end a fixed-term tenancy at its natural conclusion, the landlord must provide 30 days' notice before the end date. If neither party gives notice, the tenancy automatically converts to a periodic tenancy.

Sale of Property

If the property has been sold with a contract requiring vacant possession, the landlord must give the tenant at least 30 days' notice.

The Court Process

If a tenant fails to vacate after receiving a valid termination notice, the landlord must apply to the Magistrates Court of Western Australia for an order for termination and possession.

The court will consider:

• Whether proper notice was given using the correct forms.
• Whether the grounds for termination are valid.
• Whether the tenant has any valid defences (e.g., retaliatory eviction).

Tenants experiencing hardship may apply for an order suspending the eviction for up to 30 days to allow them time to find alternative housing.

Prohibited Actions Landlords cannot:

• Change the locks to deny a tenant access.
• Cut off utilities (water, electricity, gas).
• Remove the tenant's belongings from the property.
• Intimidate or harass the tenant into leaving.

These actions constitute an illegal "self-help" eviction and expose the landlord to civil liability and potential criminal penalties.

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