Western Australian Current Acts

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LIMITATION ACT 2005 - SECT 72

72 .         Tenancies

        (1)         A cause of action of a person entitled to land subject to a periodic tenancy to recover the land from the tenant or from a person claiming under the tenant accrues when the only or later of such of the following events as are applicable occurs —

            (a)         the first year or other period of the tenancy expires;

            (b)         if the tenancy is at a rent — the rent payable to the person having the cause of action or a person through whom the person claims first becomes overdue.

        (2)         A cause of action of a person entitled to land subject to a tenancy at will to recover the land from the tenant or from a person claiming under the tenant accrues when the only or later of such of the following events as are applicable occurs —

            (a)         the first year of the tenancy expires;

            (b)         if the tenancy is at a rent—the rent payable to the person having the cause of action or a person through whom the person claims first becomes overdue.

        (3)         Subsection (1) or (2), as is applicable in the case, does not apply if the cause of action accrues earlier because the tenancy is determined.



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