WA Landlord Breach Notice: Form 21 and What Comes Next

For non-rent breaches and the two-stage rent-arrears route in Western Australia, the Residential Tenancies Act 1987 requires a formal breach notice first, giving the tenant a chance to fix the problem. Only after the remedy period expires without a fix can you issue a notice of termination.

Form 21: Rent Arrears Breach Notice

Form 21 is the prescribed breach notice for non-payment of rent. It must spell out:

• The rental periods that are overdue
• The exact dollar amount outstanding
• That the tenant has 14 days to pay in full

The 14-day remedy period starts the day after service. If the tenant pays the full amount within those 14 days, the breach is cured and the notice falls away. If they pay part of it, the breach has not been remedied — partial payment does not reset the clock.

After 14 unpaid days, the landlord can serve a Form 1A (Notice of Termination for Non-payment of Rent), giving a minimum of 7 days to vacate.

Alternatively, a landlord can skip Form 21 entirely and go straight to Form 1B (direct termination for rent arrears, 7 days). But Form 1B gives the tenant a statutory right to halt termination by paying in full by the day before the court hearing. Form 1A does not carry this same statutory protection.

Form 21 for Non-Rent Breaches

Form 21 also covers breaches that are not about money — unauthorised pets, failure to maintain the property, unauthorised occupants, using the premises for a prohibited purpose. The same 14-day remedy period applies.

The difference is what comes after. If a non-rent breach is not fixed within 14 days, the landlord issues a Form 1C (not Form 1A), giving a minimum of 7 days to vacate.

Be specific in the breach notice. Vague descriptions ("the tenant is not looking after the property") give the tenant grounds to argue the breach was too unclear to remedy. Describe exactly what the problem is, what clause of the lease it breaches, and what the tenant needs to do to fix it.

Serving the Breach Notice

Same service rules as every other tenancy notice in WA:

• Personal delivery to the tenant, a person apparently over 16 who resides at the premises, or the person who usually pays the rent
• Ordinary prepaid post via Australia Post
• Email, only if the tenancy agreement contains express written consent for electronic service

Not approved: hand-delivering it to the letterbox, or using registered mail.

If serving by post, add transit business days before the 14-day remedy period starts counting.

What a Breach Notice Cannot Do

A breach notice does not end the tenancy. It starts a process. The tenant has a statutory right to fix the problem within 14 days, and if they do, the tenancy continues as if the breach never happened.

Document each breach clearly, and make sure a termination notice identifies the specific unremedied breach from the corresponding Form 21.

After the Remedy Period

If the 14 days expire and the breach is not fixed:

1. Serve the appropriate termination notice — Form 1A (rent arrears after Form 21) or Form 1C (non-rent breach after Form 21)
2. Wait for the termination notice period to expire (7 days minimum)
3. If the tenant does not vacate, file Form 12 with the Magistrates Court through the eCourts Portal

The court will check that the breach notice was valid, the remedy period was correctly calculated, and the termination notice was properly served. Miss any step and the application is dismissed.

The Ending a Tenancy in Western Australia guide covers the complete breach → termination → court sequence with date-counting examples and a pre-flight checklist for each form.

See more Western Australia guides →