Contact Consumer Protection
Tel: 1300 30 40 54
consumer@dmirs.wa.gov.au
See all Consumer Protection office locations
A landlord can have the tenancy terminated if the tenants present a bad cheque or fall behind with their rent and can’t make up the payment within an agreed time. It’s important to remember there are procedures which must be followed. Remember, landlords can’t just evict or force a tenant out, no matter what the circumstances.
Landlords have two alternatives:
If all the outstanding rent is not paid within the 14 days, the landlord can then issue a Notice of termination for non-payment of rent (Form 1A) (to be used only if a 14 day breach has been issued). This ends the residential tenancy agreement and requires the tenants to vacate the premises within the next seven days.
If the tenants do not pay the rent arrears within the seven days, then they will have to pay the cost of the court application fee plus the original rent arrears.
The Magistrates Court hearing date can’t be earlier than 21 days after the Form 1B notice of termination has been issued as above.
Note: If the tenant pays all outstanding rent and the court application fee to the landlord by the day prior to the court hearing, the application will not continue before the court.
If this is the first time the tenant has fallen behind with their rent or, regardless of having a history of late payments, the landlord would still like to keep them as a tenant, then choose the first option.
If, on the other hand, the landlord's main objective is to obtain the rent as quickly as possible, or the tenant has fallen behind with the rent before and is unlikely to catch up, the landlord may prefer to choose the second option.
As the procedures are complex, flow charts for the two alternatives can be found in the appendices of Renting out your property - a lessor’s guide.
Regardless of which option a landlord chooses, a tenant cannot be forced out of a property without a court order ending the agreement and under no circumstances does the law allow the landlord to seize a tenant's belongings instead of rent owed.
Tenants who reasonably believe they are not behind in the rent can stay in the premises while the landlord tries to negotiate a suitable outcome. This is also the case when the landlord applies for an eviction hearing in the Magistrates Court, where both parties will have the opportunity to put up their case.
Keep copies of the notices and records of your contact with the other party as you may need this information if the matter goes to court.
The court will also expect landlords to provide a proper record of rent and not just bank statements. Refer to the sample rent records in our publication Renting out your property - a lessor’s guide for more information.
Apart from not paying rent, a tenant can also breach the rental agreement for any of the following:
The procedures for giving the tenant formal notice of a breach are aimed primarily at getting the problem fixed – but it can also lead to asking the tenant to leave.
Step 1: Notify the tenant of the breach of the agreement by giving a Notice to tenant of breach of agreement (other than failure to pay rent) (Form 20). This gives the tenant 14 full days to fix the problem.
Step 2: If the tenant fails to fix the situation within the 14 day period, the landlord's next option is to issue a Notice of Termination (Form 1C) (not to be used for non-payment of rent). This seeks to end the tenancy no sooner than seven full days after the notice is received.
If the landlord would prefer to have the tenant fix the problem, rather than end their tenancy, the landlord should apply to the Magistrates Court seeking a court order stating the tenant must fix the problem.
Again, the flow chart detailing the steps to be taken is in the appendices of Renting out your property - a lessor’s guide.
If the tenant believes the landlord is in breach of the tenancy agreement, they can follow a similar breach procedure to that outlined above. The tenant can write the landlord a letter or use the form specifically designed for this purpose: Notice to lessor of breach of agreement (Form 23).
Last modified: