WA Landlord Moving Back In: Notice Rules for Owner Re-Occupation

Some Australian states give landlords a specific ground for ending a tenancy when the owner wants to move back in. Western Australia is not one of them. There is no dedicated "owner re-occupation" provision in the Residential Tenancies Act 1987. If you want to reclaim your property for personal use, you work with the general termination pathways — and which one you use depends on the tenancy type.

Periodic Tenancy: 60-Day No-Grounds Notice

If the tenancy is periodic (no fixed end date), you can use the 60-day no-grounds notice under Section 64. Serve a Form 1C citing s 64, with a vacate date at least 60 days out.

You do not need to state your reason. The notice stands on its own. However, the tenant can challenge the notice under the retaliatory termination provisions (s 71) if they believe it was issued in retaliation for exercising a statutory right — requesting repairs, lodging a complaint, or applying to the court. A genuine plan to move back in is not automatically retaliatory, but keep a record of your plans in case the tenant challenges the notice.

Fixed-Term Tenancy: Wait for Expiry

If the tenancy is fixed-term, there is no way to end it early for owner re-occupation. The lease is a binding contract for its full duration. To end it at expiry, serve a Form 1C under Section 70A with at least 30 days' notice and a vacate date on or after the fixed-term end date.

Miss the 30-day window and the lease automatically rolls into a periodic tenancy — which then requires a 60-day notice.

The alternative is negotiating a mutual written surrender with the tenant. Both parties agree in writing to an early end, specifying the vacate date, rent adjustments, and any compensation. This is voluntary on the tenant's part.

Moving a Family Member In

WA law does not distinguish between the owner moving in personally and a family member moving in. There is no separate ground for family re-occupation. The same rules apply: 60 days for periodic, and a Section 70A notice at least 30 days before fixed-term expiry.

Some other jurisdictions (Victoria, parts of the UK) have specific grounds for family members. WA does not.

Practical Timeline

If you know you want to move back in:

1. Check whether the tenancy is periodic or fixed-term
2. If periodic: serve a 60-day Form 1C under s 64. Add postal transit days if serving by post.
3. If fixed-term: mark the end date. Serve a Form 1C under s 70A with at least 30 days' notice and a vacate date on or after that date. Plan your move around the vacate date.
4. If the tenant does not vacate after a valid notice, file Form 12 with the Magistrates Court. Only a court Bailiff can enforce a possession order.

Self-help eviction — changing the locks, disconnecting services, removing tenant belongings — carries a $4,000 penalty under s 80 of the RTA.

What Sets WA Apart

In states that have a dedicated owner-occupation ground, landlords typically get a shorter notice period (e.g. 42 days in Victoria). WA landlords get 60 days on periodic tenancies and no early-exit option on fixed terms. That longer timeline means planning ahead is essential.

The Ending a Tenancy in Western Australia guide covers the full process for owner re-occupation alongside every other termination ground, with a date-calculation worksheet and service proof log.

See more Western Australia guides →