Western Australian Current Acts Western Australian Current Acts (1) A lessor may give
notice of termination of a residential tenancy agreement to the tenant without
specifying any ground for the notice.
(2) Where a lessor
gives notice of termination under this section, the period of notice must be
not less than 60 days before the day on which the tenant is required under the
notice to give to the lessor possession of the premises.
(3) A tenant may,
within 7 days after receiving a notice of termination under this section,
apply to a competent court for an order that the period of notice be extended
by a further period of up to 60 days.
Note for this subsection:
See also section 26B
for an application a tenant may make to a competent court if the tenant
reasonably believes the lessor’s action to terminate the residential
tenancy agreement was retaliatory action.
(4) On an application
under subsection (3) the court may, as it thinks fit having regard to the
justice and merits of the case —
(a)
extend the period of notice for a further period of up to 60 days and make
such other orders as to compensation of the lessor for any loss caused by the
extension or as to any other matter that it considers is, in the circumstances
of the case, appropriate; or
(b) make
an order that the residential tenancy agreement is not terminated as a
consequence of the notice; or
(c) make
an order referred to in section 71(2) and in that case the court must specify
the day as from which the order for possession operates, being a day that is
the later of —
(i)
a day not less than 60 days after the day on which the
notice of termination was received; or
(ii)
a day within 7 days after the day on which the order was
made.
(5) This section does
not apply in relation to a residential tenancy agreement that creates a
tenancy for a fixed term during the currency of that term.
[Section 64 inserted: No. 60 of 2011 s. 63;
amended: No. 11 of 2024 s. 34.]