Termination of Residential Tenancy Agreement WA: All You Need to Know
In Western Australia, a residential tenancy agreement is a legally binding contract between a landlord and a tenant. While the agreement details the rights and responsibilities of both parties, situations may arise where one or both parties find it necessary to terminate the agreement.
This article aims to cover all you need to know about the termination of residential tenancy agreement in WA, including grounds for termination, notice periods, and other essential information.
Grounds for Termination
In WA, a landlord may terminate a residential tenancy agreement if the tenant has breached the agreement in some way. This could include failure to pay rent, causing damage to the property, or engaging in illegal activities on the premises.
On the other hand, a tenant may terminate the agreement if the landlord has breached the agreement. This could include failing to carry out necessary repairs, entering the property without permission, or failing to provide essential services such as electricity or water.
Notice periods
In most instances, terminating a residential tenancy agreement in WA requires a notice period. Both the landlord and tenant must abide by the notice period requirements as outlined in the Residential Tenancies Act.
The notice period required depends on the reason for termination and who is looking to terminate the agreement. For example, if a tenant wants to terminate the agreement because they are relocating, they must provide the landlord with at least 21 days` notice in writing.
If a landlord wants to terminate the agreement due to a breach of contract, they must provide written notice to the tenant, giving them at least 14 days to remedy the breach. If the tenant fails to remedy the breach, the landlord can then issue a termination notice of at least 7 days.
Other Essential Information
It is important to note that the termination of a residential tenancy agreement in WA can have legal and financial implications for both parties. To avoid any disputes, it is recommended that both the landlord and tenant seek legal advice before terminating the agreement.
Additionally, if the tenant has broken the agreement by causing damage to the property, the landlord may have the right to make a claim against the tenant`s bond to cover the cost of repairs.
Conclusion
Understanding the ins and outs of terminating a residential tenancy agreement in WA is crucial for both landlords and tenants. By following the correct notice periods and seeking legal advice when necessary, both parties can ensure a smooth and fair termination of the agreement.