Western Australian Current Acts Western Australian Current Acts (1) In this section
—
notice to vacate , in relation to residential
premises, means a written notice to vacate the premises;
specified date means a date, specified in a notice
to vacate, by which the tenant is to vacate the residential premises.
(2) If a residential
tenancy agreement is terminated under section 60(1)(e), the mortgagee is not
to take possession of the residential premises from a tenant who is holding
over after termination of the agreement unless the mortgagee, after becoming
entitled to take possession, gives the tenant a notice to vacate the premises.
(3) The notice to
vacate must be in a form approved by the Minister and must include a specified
date that is not less than 30 days after the date on which the notice is given
to the tenant.
(4) The tenant who is
holding over after termination of the residential tenancy agreement —
(a) is
not, during the period of 30 days following the date on which the tenant is
given the notice to vacate, required to pay any rent, fee or other charge to
occupy the residential premises; and
(b) is,
if the tenant has paid any rent in advance for any part of that period,
entitled to be repaid the amount of that rent.
(5) A competent court
may, on application by the tenant, order the repayment to the tenant of any
such amount referred to in subsection (4)(a) or (b).
(6) The mortgagee (or
any person acting on behalf of the mortgagee) is, during the period in which
the tenant is holding over after termination of the residential tenancy
agreement, entitled to enter the residential premises to show the premises to
prospective purchasers on a reasonable number of occasions, but only if the
tenant —
(a) is
given reasonable notice of each such occasion; and
(b)
agrees to the date and time of the inspection.
(7) This section does
not prevent the mortgagee from —
(a)
taking possession of the residential premises before the specified date if the
tenant voluntarily vacates the premises before that date; or
(b)
changing the specified date to a later date by further notice in writing given
to the tenant; or
(c)
entering into a new residential tenancy agreement with the tenant in respect
of the residential premises.
(8) This section
extends to a tenant who is, immediately before the commencement of this
section, holding over after termination of the residential tenancy agreement.
(9) This section has
effect despite the terms of any court order made before the commencement of
this section or any contract or other agreement.
[Section 81A inserted: No. 60 of 2011 s. 79;
amended: No. 3 of 2019 s. 19.]