RTA review fact sheet - When tenants need to end a fixed term tenancy agreement

Should a tenant be allowed to terminate a fixed term tenancy agreement?

Possible options

  • Allow a tenant to end a fixed term tenancy agreement without financial penalty in certain circumstances, such as when the tenant has been offered a place in social housing or they have been offered a place in aged care facilities.
  • Allow tenancy agreements to include a break lease clause that fixes the amount a tenant would have to pay when breaking a fixed term tenancy agreement in any circumstances.

Tell us what you think...

  • Should a tenant be allowed to terminate a fixed term tenancy agreement in limited circumstances without having to pay compensation to the landlord? Why or why not?
  • In what circumstances would it be acceptable for a tenant to end a fixed term tenancy agreement earlier than its end date without having to pay compensation to the landlord?
  • Should tenancy agreements include break lease clauses that cap the amount that any tenant would have to pay a landlord if they terminated a fixed term tenancy agreement before its end date for any reason?
  • How much should a break lease fee be?

It's easy to have your say!

To submit feedback: consultations@dmirs.wa.gov.au

For more information about the RTA review: www.commerce.wa.gov.au/tenancyreview or ring 1300 304 054

Consumer Protection
Consultations / public comment
Last updated 13 Jan 2020

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