Western Australian Current Acts Western Australian Current Acts (1) In this section
—
agreement means a residential tenancy agreement
that creates a tenancy for a fixed term;
notice means a notice of termination referred to
in subsection (2);
possession day means the day specified in a notice
as the day on which possession of the premises is to be delivered up by the
tenant and has the meaning affected by subsection (6).
(2) Despite any other
written law or a requirement under a contract, the term of a residential
tenancy agreement does not end on the expiry day unless the lessor or tenant
has given a notice of termination of the agreement to the other party
specifying a day on which possession of the residential premises is to be
delivered up by the tenant.
(3) The notice must be
given not later than 30 days before the possession day.
(4) The possession day
must not be a day earlier than the expiry day.
(5) If the possession
day is later than the expiry day, then —
(a) the
term of the agreement expires on the possession day, and not on the expiry
day; and
(b) the
terms of the agreement are to be taken, for all purposes, to be varied to that
extent.
(6) If both the lessor
and tenant give a notice to each other and the notices specify different
possession days, then the day that is the earlier of the 2 days is to be taken
to be the possession day.
(7) If —
(a) the
day on which the term of the agreement is to expire under subsection (5)(a) is
the possession day under a notice given by the lessor; and
(b) the
tenant delivers up possession of the premises after the expiry day but before
the possession day,
then the day on which
the tenant delivers up possession of the premises is to be taken to be the
possession day for the purposes of subsection (5).
[Section 70A inserted: No. 60 of 2011 s. 68.]