WA Landlord Notice for Renovations, Demolition, or Family Member Move-In

If you need to end a tenancy in Western Australia because you want to renovate, demolish, or have a family member move into the property, the answer is not straightforward — and it is different from what landlords in other Australian states or the UK can do.

There Is No Dedicated Renovation or Family Move-In Ground

Unlike Victoria (where landlords can issue a notice to vacate for renovations or owner-occupation) or New South Wales (which since 19 May 2025 requires a valid reason for ending a tenancy, including for significant renovations or landlord/family occupancy), the Residential Tenancies Act 1987 (WA) does not include a standalone statutory ground for:

• Major renovations or refurbishment
• Demolition and redevelopment
• The landlord or a family member wanting to move in

This means you cannot simply cite "renovations" or "family member moving in" on a notice of termination and expect the Magistrates Court to accept it.

What You Can Actually Do

Your options depend on the tenancy type:

Periodic tenancy: Use the general no-grounds termination under Section 64. Serve a Form 1C with at least 60 days' notice. You do not need to give a reason — the notice itself is enough. As of October 2026, no-grounds termination of periodic tenancies remains lawful in WA, despite Phase 2 reform proposals that have not yet been legislated.

Fixed-term tenancy: You cannot terminate early for renovations, demolition, or family move-in. Your options are:

• Wait for the fixed term to expire and serve a Form 1C under Section 70A with at least 30 days' notice before the end date
• Negotiate a mutual early surrender — a written agreement signed by all parties specifying the vacate date, any rent adjustments, and any compensation

There is no shortcut. Serving a notice that misrepresents the ground (for example, citing a contract of sale under Section 63 when no sale contract exists) is an offence carrying a $10,000 penalty.

Uninhabitable or Destroyed Premises — the Exception

If the local government authority has declared the property uninhabitable after fire, flood, or structural failure (not planned renovation), Sections 69 and 75A of the RTA allow a landlord to serve a Form 1C with 7 days' notice. This ground exists for genuine catastrophic events, not for elective renovation projects.

What the Phase 2 Reforms May Change

The WA Government has flagged that Phase 2 of its tenancy reform program may introduce specific prescribed grounds — potentially including renovation, demolition, and owner-occupation — once no-grounds termination is eventually removed. As of October 2026, those reforms have not been enacted. The current law is the law you serve notice under.

Planning Ahead

If you are approaching the end of a fixed term and know you will need the property for renovations or a family move-in, the single most important deadline is the 30-day Form 1C notice under Section 70A. Miss it, and the tenancy rolls into periodic — adding at least another 60 days before you can recover possession.

The Ending a Tenancy in Western Australia guide maps every ground, form, and notice period for WA landlords, including the date-counting rules that determine whether your notice is valid.

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