WA Magistrates Court Tenancy Eviction Process for Landlords

Your notice has expired. The tenant is still there. In Western Australia, what comes next is not a phone call to a locksmith — it is a Form 12 application to the Magistrates Court, filed through the eCourts portal, with a hearing, a possession order, and potentially a bailiff to enforce it. Self-help eviction is not lawful. Section 80 makes entering the premises to recover possession without a court order an offence punishable by a $4,000 fine.

Filing Your Application Through the eCourts Portal

The Magistrates Court of Western Australia handles all residential tenancy termination matters. There is no tribunal system in WA — unlike VCAT in Victoria or NCAT in New South Wales, everything goes through the Magistrates Court.

You file electronically through the eCourts Portal of Western Australia:

1. Register an eCourts account if you do not already have one.
2. Complete Form 12 (Application for Court Order) — this is the residential tenancy application form, not the general civil claim forms.
3. Upload supporting documents: your tenancy agreement, the notice of termination you served (Form 1A, 1B, or 1C), proof of service (postal receipt or email delivery confirmation), and a rent ledger if rent arrears are involved.
4. Pay the filing fee online — $86 for individuals (including a $3 Suitor's Fund fee), or $23.70 for financially disadvantaged applicants.
5. Select your court registry venue (usually the Magistrates Court nearest to the rental property).

You must file promptly after the notice expires. For fixed-term expiry terminations under Section 70A, the court application must be lodged within 30 days of the vacate date — if you miss that window, the notice lapses, the tenancy converts to periodic, and you start the entire process again.

What Happens at the Hearing

The hearing gives both parties a chance to present their evidence. Legal representation is restricted under the RTA. A party generally appears in person unless a statutory exception applies, including where all parties and the Magistrate consent, the other party is a legal practitioner, the applicant is a corporate entity, a party cannot properly conduct the case because of disability or incapacity, or the Commissioner for Consumer Protection appears for a party.

The magistrate checks whether the notice used the correct form and statutory ground, was properly served, and allowed the correct notice period. A material defect can lead to dismissal, and the court cannot cure a substantive defect; a minor typographical error is assessed in context.

If your notice holds up, the magistrate issues an Order for Possession with a specific vacate date. The court may grant the tenant a hardship stay of up to 30 days under Section 71 if the tenant demonstrates that immediate eviction would cause severe personal hardship.

Court Fees at a Glance

Current Magistrates Court fees for tenancy matters (2026):

• Form 12 filing (claims ≤$10,000): $86 (individual) or $23.70 (financially disadvantaged)
• Form 5 possession claim (rent GAV ≤$10,000): $199.50 (individual) or $384 (corporate)
• Application for hearing fee: $309 (individual) or $603 (corporate entity)
• Bailiff service fee: $117.50 per defendant, plus travel

If the Tenant Still Does Not Leave

When a tenant remains past the court-ordered vacate date, you apply for a Warrant for Possession. A court-appointed bailiff attends the property, oversees the eviction, and secures lock changes. You cannot do any of this yourself.

After the property is secured, tenant belongings left behind must be handled under Section 79 of the RTA. Perishable or low-value items can be disposed of, but goods of value must be stored and the former tenant notified. Personal documents must be retained for 60 days.

Getting the Notice Right Before You File

The court process only works if the notice that preceded it was valid. If you are preparing to serve notice — or want to verify that the notice you already served will hold up in court — the Ending a Tenancy in Western Australia guide walks through every ground, every form, and every date-counting rule so you do not discover a defect at the hearing.

See more Western Australia guides →