Western Australian Current Acts Western Australian Current Acts (1) A notice of
termination of a social housing tenancy agreement cannot be given to a tenant
on the ground referred to in section 71H before the later of the following
—
(a) the
end of the 30 day period within which the tenant may apply for any review
under section 71I of the decision to give the notice of termination;
(b) the
end of any such review carried out in respect of that decision.
(2) Despite subsection
(1), if the lessor and tenant enter into a new social housing tenancy
agreement before the end of that 30 day period or any such review, the notice
of termination may be given on or after the day on which they enter into the
new agreement.
(3) The notice of
termination cannot specify a day earlier than 60 days after the day on which
the notice is given as the day on which vacant possession of the premises the
subject of the existing agreement is to be delivered up to the lessor, unless
it specifies an earlier day to which the tenant has consented.
(4) The notice of
termination is ineffective unless the alternative premises in connection with
which the notice of termination is given are available for occupation no later
than 7 days before the date specified in the notice as the day on which vacant
possession is to be delivered up to the lessor.
(5) In the case of a
social housing tenancy agreement that creates a tenancy for a fixed term, the
notice of termination is not ineffective merely because a day earlier than the
day on which the term ends is specified as the day on which vacant possession
is to be delivered up to the lessor.
[Section 71J inserted: No. 60 of 2011 s. 92.]
[Heading inserted: No. 60 of 2011 s. 69.]