Ending a Periodic Tenancy in WA: 60-Day Notice, 30-Day Sale, and How They Differ

A periodic tenancy in Western Australia runs indefinitely — there is no end date baked into the agreement. It might have started that way, or it might be a fixed-term lease that rolled over after the end date passed without anyone serving notice. Either way, the termination rules are different from fixed-term, and the notice periods are longer.

Periodic vs Fixed-Term: Why It Matters

Under a fixed-term lease, a landlord can prevent rollover with a 30-day Form 1C notice before the end date (s 70A). That is the shortest general notice period in WA tenancy law.

Once a tenancy becomes periodic, the baseline jumps to 60 days for a no-grounds termination. There is no way to convert back to a shorter period without the tenant agreeing to a new fixed-term lease.

If you are not sure which type you have: check the original agreement. If the fixed term has passed and no new fixed-term was signed, it is periodic, regardless of what the original end date said.

The Two Periodic Termination Pathways

60-day no-grounds notice (s 64) Form 1C, minimum 60 days. No reason needs to be stated. This is the default pathway for landlords who want to end a periodic tenancy for personal re-occupation, general portfolio reasons, or any purpose not covered by a specific statutory ground.

30-day sale notice (s 63) Form 1C, minimum 30 days. Available only when the landlord has an executed contract of sale that explicitly requires vacant possession at settlement. Issuing this notice without a genuine contract is an offence — $10,000 maximum penalty.

Both pathways also have breach-based alternatives if the tenant has not paid rent or has breached the lease (the Form 21 → Form 1A/1B/1C routes), but those are triggered by tenant conduct, not landlord choice.

How to Serve and Count

The process is the same for both:

1. Download the current Form 1C from Consumer Protection WA
2. Fill in all mandatory fields — names matching the lease exactly, property address, the correct statutory section (s 64 or s 63), and the vacate date
3. Serve by personal delivery, ordinary prepaid post, or email (email requires express written consent in the lease)
4. Exclude the day of service from the count — Day 1 is the next day
5. If serving by post, add Australia Post transit business days before starting the 60- or 30-day count

The vacate date on the form must be at least the day after the final day of the notice period. If the last day falls on a weekend or public holiday, it extends to the next business day.

If the Tenant Leaves Early

After receiving a Section 64 or Section 63 notice, a tenant may serve their own Form 22 notice giving 21 days' notice to leave before the landlord's vacate date.

If the Tenant Does Not Leave

File a Form 12 application through the eCourts Portal. The Magistrates Court reviews the notice and, if satisfied, issues a possession order. Only a court-appointed Bailiff can enforce eviction. Self-help measures — lock changes, utility disconnections, removing belongings — carry a $4,000 fine.

The Ending a Tenancy in Western Australia guide lays out both periodic pathways side by side with a date-calculation worksheet and a pre-flight checklist, so you can verify your notice is valid before you serve it.

See more Western Australia guides →