Western Australian Current Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 71AC

71AC .         Review of notice of termination under s. 71AB

        (1)         In this section —

        terminating tenant means a tenant who has given, or purportedly given, notice of termination under section 71AB.

        (2)         A lessor may, within 7 days after receiving a notice under section 71AB, apply to a competent court to review whether notice was validly given under that section.

        (3)         In its review, the court —

            (a)         must examine whether the terminating tenant has complied with section 71AB in giving the notice; and

            (b)         cannot examine whether the terminating tenant, or a dependant of the tenant, has been or might be subject to family violence.

        (4)         If the court finds that notice was not validly given under section 71AB, the court must make an order declaring that the terminating tenant’s interest in the residential tenancy agreement has not been terminated, otherwise the court must dismiss the application.

        [Section 71AC inserted: No. 3 of 2019 s. 18.]