WA Tenant Refuses to Vacate After Notice: What a Landlord Can Do

The notice period has expired and your tenant is still in the property. In Western Australia, that does not give you the right to do anything physical about it. Do not change the locks, remove the tenant's belongings, disconnect power or water, or enter to recover possession. Section 80 of the Residential Tenancies Act 1987 makes entry to recover possession without a court order an offence punishable by a $4,000 fine. The lawful path from here runs through the Magistrates Court.

Your Next Step: Apply to the Magistrates Court

File a Form 12 (Application for Court Order) through the eCourts Portal of Western Australia. You will need:

• A copy of the tenancy agreement
• The notice of termination you served (Form 1A, 1B, or 1C)
• Proof of service — a postal receipt, email delivery confirmation, or a signed acknowledgment
• A rent ledger if the termination was for rent arrears

The filing fee for individuals is $86. File promptly after the vacate date passes. For fixed-term expiry notices under Section 70A, you have a strict 30-day window — miss it and the notice dies, the tenancy converts to periodic, and you restart with a fresh 60-day notice.

What Happens at the Hearing

The magistrate examines whether your notice used the right form and statutory ground, allowed the correct notice period, and was lawfully served. A material defect can lead to dismissal and a fresh notice; a minor typographical error is assessed in context.

If the notice holds, the court issues an Order for Possession setting a date by which the tenant must vacate. The court can grant a hardship stay of up to 30 days under Section 71 if the tenant demonstrates severe personal hardship from immediate eviction.

Warrant for Possession and Bailiff Enforcement

If the tenant still does not leave after the court-ordered date, you apply for a Warrant for Possession. A court-appointed bailiff attends the property, enforces the eviction, and oversees lock changes. This is the only lawful method of physically recovering your property.

Bailiff service costs $117.50 per defendant plus travel expenses.

What You Cannot Do (at Any Stage)

Even after a court order, only the bailiff can enforce it. You cannot:

• Change or add locks
• Remove doors, windows, or fixtures
• Disconnect gas, electricity, or water
• Enter the property to remove tenant belongings
• Intimidate, threaten, or harass the tenant into leaving

Section 80's $4,000 penalty applies to entry to recover possession without a court order. The court and bailiff process is the lawful way to enforce a possession order.

Handling Belongings Left Behind

After the bailiff secures the property, anything the tenant left behind falls under Section 79 of the RTA:

• Perishable items or goods worth less than the cost of removal can be disposed of immediately
• Valuable goods must be stored and the former tenant notified
• Personal documents (passports, financial records, photos) must be retained for 60 days
• Failing to notify the former tenant or improperly disposing of valuable goods carries a $1,000 penalty

Protect Your Position Before It Gets to Court

Most court dismissals happen because the notice itself was defective — a wrong date, a wrong form, service by a method the law does not recognise. The Ending a Tenancy in Western Australia guide covers every ground, every form, and the date-counting formula so your notice is the one the magistrate accepts.

See more Western Australia guides →