Western Australian Current Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 81B

81B .         Notice of proposed recovery of premises by person with superior title

        (1)         This section applies where a person (the plaintiff ) brings proceedings in a competent court for the recovery of possession of residential premises.

        (2)         The court must not make an order for possession unless it is satisfied —

            (a)         that a person is not in possession of the residential premises as —

                  (i)         a tenant under a residential tenancy agreement; or

                  (ii)         a tenant holding over after termination of a residential tenancy agreement;

                or

            (b)         if there is such a person in possession of the residential premises and the plaintiff is not the lessor under the residential tenancy agreement — that the person has been given written notice, in a form approved by the Minister, of the proceedings not less than 30 days before the commencement of the proceedings.

        (3)         Failure to comply with this section does not invalidate or otherwise affect the judgment or order.

        [Section 81B inserted: No. 60 of 2011 s. 79.]