No Grounds Termination WA 2026: Is It Still Legal?

Media coverage of tenancy reform has left many WA landlords unsure whether they can still end a periodic tenancy without giving a reason. The short answer: yes, as of October 2026, no-grounds termination remains fully legal in Western Australia.

The Current Law

Section 64 of the Residential Tenancies Act 1987 (WA) allows a landlord to terminate a periodic tenancy by serving a Form 1C notice giving at least 60 days' notice, without specifying any ground.

This provision has not been amended. It applies to all periodic tenancies — whether the tenancy started as periodic or rolled over from a fixed-term lease.

The no-grounds pathway does not apply to fixed-term leases. A landlord cannot use s 64 to end a fixed term before its expiry date. For fixed-term leases approaching their end, the relevant provision is s 70A (30 days' notice before the end date).

Phase 2 Reforms: Announced Proposals

The WA Government has announced long-term Phase 2 proposals to limit no-grounds terminations. As of October 2026, the 60-day Section 64 pathway remains operative law in WA.

Other states have already acted:

• New South Wales phased out no-grounds terminations in May 2025
• Victoria introduced specific grounds requirements under its 2024 amendments
• Queensland removed no-grounds for fixed-term renewals in October 2022

WA is behind the national curve, but the current law is clear: s 64 remains in force.

How No-Grounds Termination Works in Practice

1. Confirm the tenancy is periodic (not fixed-term)
2. Download the current Form 1C from Consumer Protection WA
3. Complete all mandatory fields — cite s 64 as the statutory ground
4. Serve by personal delivery, ordinary prepaid post, or email (with consent)
5. The 60-day count starts the day after service (exclude the service date itself)
6. If serving by post, add Australia Post transit business days before starting the count
7. Set the vacate date to at least one day after the 60th day

If the tenant does not vacate by the date on the notice, the landlord files a Form 12 with the Magistrates Court.

Retaliatory Termination — the Main Risk

Section 64 is powerful, but it is not a blank cheque. Under s 71, if a tenant can show the landlord issued the 60-day notice in retaliation for exercising a statutory right — requesting repairs, lodging a complaint with Consumer Protection, applying to the court — the Magistrates Court can declare the notice void.

The safeguard is documentation. If you are ending the tenancy for a genuine reason unrelated to any complaint or request, keep a record of that reason and its timeline. The court looks at the facts, not just the form.

What Landlords Should Do Now

The no-grounds pathway is available today, but it may not be indefinitely. If you have a periodic tenancy you intend to end, do it under the current rules rather than waiting for reform uncertainty to resolve.

The Ending a Tenancy in Western Australia guide covers the full s 64 process alongside every other termination ground, including the date-counting method and a service proof log — so you have a court-ready file if the tenant challenges the notice.

See more Western Australia guides →