WA Landlord Obligations When Ending a Tenancy

Ending a tenancy in Western Australia is not just about getting the tenant out. The Residential Tenancies Act 1987 imposes specific obligations on landlords throughout the termination process — from the moment you decide to end the tenancy through to bond disposal and handling anything the tenant leaves behind. Failing to meet any of them exposes you to fines, dismissed court applications, or both.

Obligation 1: Serve a Valid Prescribed Notice

You must use the correct prescribed form (Form 1A, 1B, or 1C), cite the correct statutory section, name every party exactly as they appear on the tenancy agreement, state the full property address, calculate the notice period correctly (excluding the day of service and adding postal transit days), and sign and date the form.

Using a letter instead of the prescribed form, citing the wrong section, or miscalculating the vacate date renders the notice legally void. The Magistrates Court has no discretion to fix it.

Obligation 2: Serve by an Approved Method

Three service methods are lawful:

• Personal delivery to the tenant (or a person apparently over 16 at the property)
• Ordinary prepaid post through Australia Post
• Email, but only if the lease agreement includes explicit written consent to electronic service

Dropping the notice in the tenant's letterbox is not lawful service. Using registered mail is risky — if the tenant refuses to sign or does not collect it, service has not occurred.

Obligation 3: No Self-Help Eviction

Even after a valid notice has expired, you cannot change the locks, remove doors, disconnect utilities, enter the property to remove the tenant's belongings, or intimidate the tenant into leaving. Section 80 of the RTA makes entering the property to recover possession without a court order an offence carrying a $4,000 fine.

The only path to physical recovery is through the Magistrates Court: file a Form 12 application, attend the hearing, obtain an Order for Possession, and if necessary, apply for a Warrant for Possession enforced by a court-appointed bailiff.

Obligation 4: Meet Court Filing Deadlines

For fixed-term expiry terminations under Section 70A, the court application must be lodged within 30 days of the vacate date. Miss that window and the notice lapses — the tenancy converts to periodic and you start over with a fresh 60-day notice.

Obligation 5: Handle the Bond Correctly

You cannot withhold, deduct from, or offset the bond without following the statutory release process through the Bond Administrator. After the tenant vacates, complete the final inspection and lodge a Security Bond Release Application; anyone listed on the bond can apply. If someone disputes the application or does not respond within 14 days, it is referred to the Commissioner for Consumer Protection. Claims exceeding the bond amount go to the Magistrates Court.

Obligation 6: Deal with Abandoned Belongings Under the RTA

If the tenant leaves belongings behind after vacating:

• Perishable items or goods worth less than the cost of removal and storage can be disposed of immediately
• Goods of value must be stored safely, and you must notify the former tenant (or publish notice if you cannot locate them)
• Personal documents — passports, financial records, photographs — must be retained securely for 60 days
• Failing to notify the former tenant or improperly disposing of valuable goods carries a $1,000 penalty under Section 80A

Belongings left behind do not automatically constitute abandonment. Follow the statutory notification procedure before disposing of anything.

Obligation 7: No Retaliatory or Discriminatory Notices

If you serve a termination notice because the tenant exercised a statutory right — requested repairs, complained to Consumer Protection, or applied to the court — the Magistrates Court may void the notice as retaliatory. Similarly, a notice issued on discriminatory grounds (race, sex, disability, age, pregnancy, marital status, or political/religious conviction) is unlawful under the Equal Opportunity Act 1984 (WA).

Keeping It All Together

Each obligation connects to the others. A valid notice leads to a valid court application, which leads to an enforceable possession order, which leads to a clean bond disposal. Break any link in that chain and the process stalls. The Ending a Tenancy in Western Australia guide maps the full sequence so you meet every obligation at every stage.

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