As a landlord in Western Australia, understanding the correct procedures for ending a tenancy agreement is essential to ensure compliance with tenancy laws and to facilitate a smooth transition for both you and your tenant. Whether the lease is fixed-term or periodic, specific notice periods must be adhered to. Below, we outline the key notice periods and processes for landlords.
Ending a Fixed-Term Lease
If you wish to end a fixed-term lease on its expiry date, you must provide the tenant with at least 30 days’ written notice before the lease expires. If notice is given later than 30 days prior to the expiry date, the tenancy will continue, and the vacate date will be after the lease expiry date.
Ending a Periodic Lease
For periodic leases, landlords must provide 60 days’ written notice to end the tenancy without needing to provide a specific reason. However, if the property has been sold and the new owner requires vacant possession, you may give the tenant 30 days’ written notice.
Ending a Tenancy Due to Breach of Lease
If a tenant breaches the lease agreement, you must first issue a 14-day breach notice, giving the tenant an opportunity to rectify the issue. If the breach is not remedied within this time, you can proceed with issuing a termination notice to formally end the tenancy.
Tenant Notice Periods to Vacate
Tenants also have specific notice periods they must adhere to when vacating a property:
- Fixed-term lease: A tenant must provide at least 30 days’ written notice before the lease expiry date if they intend to move out at the end of the lease.
- Periodic lease: A tenant must provide 21 days’ written notice to vacate.
Need Guidance? We’re Here to Help!
Navigating tenancy terminations can be complex, and ensuring compliance with WA tenancy laws is crucial. For more information, it is best to refer to the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) or speak with a Property Management professional. We are always happy to provide guidance and support to landlords managing tenancy transitions effectively.
By Jessica Brewer, Head of Property Management Department