Ending a Fixed Term Lease in WA: Notice, Rollover and Expiry Rules

A fixed-term lease in Western Australia does not necessarily end on its expiry date. That surprises most landlords, but the rule is clear: under the Residential Tenancies Act 1987, if neither party serves a valid notice and no new fixed-term agreement is made, the tenancy automatically rolls into a periodic tenancy with all the original terms intact. To end it at expiry, serve a valid Form 1C under s 70A with at least 30 days' notice and a vacate date on or after the end date.

The 30-Day Notice Under s 70A

To end a fixed-term lease at its natural expiry, the landlord must serve a Form 1C notice at least 30 days before the end date, citing Section 70A of the RTA.

If the fixed term ends on 15 December, the notice must be served and the full 30-day period must expire by that date. Serving by post adds transit days to the front of the calculation, so posting on 14 November might already be too late — the postal buffer eats into your 30 days.

What Happens If You Miss the Window

If 15 December arrives and no valid notice has been served, the tenancy converts to a periodic agreement by operation of law. All existing terms continue, but the termination rules change. Instead of ending the lease at a fixed date, you now need a 60-day no-grounds notice under s 64 — doubling the timeline.

This rollover is automatic and immediate. There is no grace period, no notification requirement, and no way to reverse it. Once the end date passes without a valid Form 1C, the periodic tenancy exists.

The 30-Day Court Filing Window

Even after a valid s 70A notice, there is a second deadline that catches landlords off guard. If the tenant does not vacate by the specified date, the landlord must lodge a Form 12 application with the Magistrates Court within 30 days of that vacate date.

Miss this 30-day filing window and the notice lapses entirely. The tenancy will have already converted to periodic, and the landlord has to serve a fresh 60-day notice.

Can a Landlord End a Fixed Term Early?

In most cases, no. A fixed-term lease is a binding contract for its full duration. The exceptions are narrow:

• Rent arrears: the breach notice → termination notice pathway (Form 21 → Form 1A or 1B) applies to any tenancy type, including fixed-term
• Non-rent breach: Form 21 → Form 1C (7 days) after the 14-day remedy period expires
• Uninhabitable premises: Form 1C under s 69, 7 days
• Mutual written agreement: both landlord and tenant agree in writing to an early surrender, signed by all parties listed on the lease

A property sale does not create a right to end a fixed-term lease early. The buyer inherits the existing tenancy. If the landlord needs vacant possession for a sale during a fixed term, the only route is negotiating a written mutual surrender with the tenant.

Planning the Timeline

Work backwards from the lease end date:

1. Decide whether you want to end the tenancy or renew
2. If ending: calculate the latest date you can serve a Form 1C with 30 full days remaining (accounting for postal transit if serving by post)
3. Serve the notice using an approved method — personal delivery, ordinary prepaid post, or email if electronic service is consented in the lease
4. Note the 30-day court filing window in case the tenant does not vacate

The Ending a Tenancy in Western Australia guide includes a date-calculation worksheet that maps this entire timeline for you — from the earliest service date to the court filing deadline — so nothing falls through the gaps.

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