WA Landlord Notice Checklist for Tenancy Termination

A defective notice of termination in Western Australia gets thrown out at the Magistrates Court — no discretion, no second chances at that hearing. The court cannot cure the defect; you restart the entire process with a new notice and a new waiting period. This checklist covers the eight things you verify before serving.

1. Confirm the Tenancy Type

Is the agreement fixed-term or periodic? If a fixed term has passed its end date without a notice from either party, it has already rolled into a periodic tenancy. The tenancy type determines which statutory sections and notice periods are available to you.

2. Select the Correct Form and Statutory Section

Match your situation to the right form:

• Form 1C for no-grounds periodic (s 64, 60 days), sale with vacant possession (s 63, 30 days), fixed-term expiry (s 70A, 30 days), non-rent breach after Form 20 (s 62, 7 days), or uninhabitability (ss 69/75A, 7 days)
• Form 1A for rent arrears after a Form 21 breach notice has expired (s 61(a), 7 days)
• Form 1B for rent arrears without a prior breach notice (s 61(b), 7 days)

If you are using Form 1C, cite the correct section. Citing Section 63 when your ground is Section 64 — or vice versa — invalidates the notice.

3. Check Preconditions

For rent arrears under the two-stage route, has the 14-day Form 21 remedy period expired without payment before you serve Form 1A? For a non-rent breach, use Form 20 and allow 14 days to fix it before serving Form 1C. A direct Form 1B rent-arrears notice does not require a prior breach notice.

If you are using Section 63 (sale): do you have an executed contract of sale with an explicit vacant possession clause? Without that clause, Section 63 does not apply. A false or misleading Section 63 notice is an offence with a maximum $10,000 penalty.

4. Verify Party Names and Property Address

The names on the notice must match the tenancy agreement — every landlord and every tenant. The property address must be the full, correct street address. A material error in a party's name or the property address can make the notice defective and lead the court to dismiss the application.

5. Calculate the Notice Period

Three rules govern the date calculation under the Interpretation Act 1984 (WA):

• Exclude the day of service (or deemed receipt). Day 1 starts the day after.
• Add postal transit days if serving by post. Add business days for Australia Post delivery before starting the notice period count.
• Set the vacate date as at least the day after the last day of the required notice period.

If the final day falls on a weekend or public holiday, the deadline extends to the next business day.

6. Choose an Approved Service Method

Three methods are lawful:

• Personal delivery — handing the notice to the tenant, or to a person apparently over 16 at the property
• Ordinary prepaid post — posted through Australia Post to the tenant's usual or last known address
• Email — only if the tenancy agreement (Form 1AA) contains explicit written consent to electronic service

Dropping the notice into the tenant's letterbox yourself is not personal delivery and is not post. It does not count. Registered or certified mail requiring a signature is risky — if the tenant refuses to sign or collect it, service has not occurred.

7. Sign and Date the Notice

The form must be fully executed with the landlord's (or authorised property manager's) signature and the date of signing.

8. Preserve Proof of Service

Keep a complete record: a copy of the served notice, a post office receipt and tracking confirmation (if posted), or email delivery logs (if served electronically). The Magistrates Court requires proof that the notice was lawfully served — without it, the application fails regardless of how correct the notice itself is.

After the Checklist

If every item checks out, serve the notice. If the tenant does not vacate by the specified date, file a Form 12 application through the eCourts Portal. The Ending a Tenancy in Western Australia guide includes a printable pre-flight checklist, the date-counting worksheet, and a service proof log so you do not miss any of these steps.

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