Recent media reports about evictions in Western Australia have caused concern for many renters. The word “eviction” itself is emotionally charged and can create a lot of anxiety.

However, it’s often used incorrectly to describe the normal process of a lease ending. As property management professionals, we believe it’s crucial to clarify the difference between a formal eviction and the non-renewal of a tenancy agreement. Understanding this distinction can help both tenants and owners navigate the process with confidence.

What a True Eviction Is: A Last Resort

First and foremost, an eviction is a formal legal process and always the absolute last resort. It occurs when there has been a serious breakdown in the tenancy agreement, and it is never without reason.

If a tenant is being evicted, there are clear, legal grounds for the action, and the tenant will have been made aware of the issues. An eviction process can only begin after:

  1. A Breach Notice is Issued: The property owner must first issue a formal breach notice, detailing the problem (e.g., significant rent arrears, property damage).
  2. An Opportunity to Rectify: The tenant is given a specific timeframe and an opportunity to fix the issue outlined in the notice.
  3. Court Action is Taken: If the breach is not rectified, the owner must apply to the Magistrates Court for an order to end the tenancy and regain possession of the property. A tenant cannot be forced to leave without a court order.

Important Protections for Tenants: The Residential Tenancies Act (RTA) provides significant protections. If a tenant receives a court order to leave, they can request the order be suspended for up to 30 days if they believe they will suffer hardship. Furthermore, a tenant can challenge any action in court if they believe it is a retaliatory measure for exercising their rights (such as requesting maintenance).

What “No-Grounds Terminations” Really Mean

This is the term that is most often confused with eviction. A “no-grounds termination” simply refers to when a property owner decides not to renew a lease at the end of its term.

While the owner is not legally required to state a reason on the official notice, there is almost always a reason behind the decision, such as the owner needing to move back in, planning to sell the property, or undertaking major renovations.

The law is very clear about the correct and legal way to end a tenancy, with strict notice periods in place:

  • For a Fixed-Term Lease: The owner must provide a minimum of 30 days’ written notice before the lease’s specified end date. If this notice isn’t given, the agreement automatically becomes a periodic (month-to-month) lease.
  • For a Periodic Lease: The owner must provide a minimum of 60 days’ written notice.

Just like with evictions, the RTA also protects tenants if they believe their lease is not being renewed as a retaliatory action.

Our Commitment to Clear Communication

The vast majority of tenancies end smoothly and professionally. The key is clear communication and ensuring that everyone understands their rights and responsibilities. An eviction is a rare and serious event, distinct from the standard, regulated process of ending a lease agreement.

If you have questions about the ending of your lease or your rights as a tenant in Western Australia, you can always contact the government body Consumer Protection on 1300 304 054 for impartial advice. Alternatively, you can contact our team today!