Rent arrears are one of the most stressful situations a landlord can face. While it’s understandably concerning, Western Australia has a clear legal process in place to manage non-payment of rent – and when handled correctly, it helps protect your investment and minimise financial loss.
At Abel Property, we follow a structured and proactive arrears process designed to address issues early, keep landlords informed, and ensure full compliance with WA tenancy legislation.
Our Rent Arrears Management Process
Daily Monitoring & Early Intervention
Rent arrears are reviewed daily. As soon as a tenant falls behind, we act promptly.
- Email and SMS reminders are sent to the tenant
- Many arrears are resolved quickly at this stage due to missed payments or banking issues
Early communication often prevents matters from escalating.
Day 3 – Breach Notice Issued
If rent remains unpaid, a Breach Notice for Non-Payment of Rent is issued on day 3.
This notice:
- Confirms the outstanding amount
- Provides the tenant 14 days to pay the arrears in full
- Advises that failure to do so may result in termination of the tenancy
At this point, the tenancy has not ended – the tenant still has the opportunity to remedy the breach.
Day 7 – Landlord Update & Escalated Follow-Up
If arrears continue:
- The landlord is advised on day 7
- We increase follow-up with the tenant, including phone calls, particularly if the arrears are out of character
- Communication continues throughout the breach period
We also diarise the breach expiry date to ensure no delays if further action is required.
If the Breach Is Not Rectified: Termination Process
If the tenant does not pay the outstanding rent within the breach period, we will issue a Termination Notice.
This notice:
- Provides the tenant 7 days to vacate the property
- Requests the return of keys and vacant possession
At this stage, many tenants will vacate prior to further escalation.
If the Tenant Does Not Vacate: Court Application
If the tenant does not vacate by the termination date and there has been no clear communication, we proceed with a court application to the Magistrates Court seeking:
- Termination of the tenancy
- An order for vacant possession
- Recovery of unpaid rent (where applicable)
Court Process & Timelines
- Current court hearing dates are typically 1–3 weeks from the application date
- The court application fee is currently $85, which we seek to recoup from the tenant
- To act on your behalf, we require the landlord to sign a Form 24 – Authority to Act
At the Court Hearing
- If the tenant attends, the hearing usually involves negotiation between both parties to agree on a vacate date
- If the tenant does not attend, the court will generally grant immediate vacant possession
If Vacant Possession Is Still Not Provided
If the tenant fails to vacate as ordered by the court, further enforcement steps are required to enforce the court order. These options can be discussed in detail with your property manager at the time, as the appropriate action depends on the circumstances.
Recovering Unpaid Rent
Unpaid rent may be recovered through:
- The tenant’s bond
- Court orders
- Payment arrangements (where appropriate)
However, it’s important to be realistic — not all arrears are fully recoverable, which is why specialised landlord insurance is strongly recommended.
Rent arrears are never ideal, but with a structured process, early intervention, and strict compliance with WA legislation, their impact can be reduced significantly. At Abel Property, we manage arrears proactively, keep landlords informed at every step, and ensure all actions are legally sound — so you can feel confident your investment is protected. If you have questions about arrears or how your property is being managed, we’re always happy to talk.
By Jessica Brewer, Head of Department – Abel Property