Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Notwithstanding
any Act or law to the contrary, an agreement shall not terminate or be
terminated except —
(a)
where the owner or tenant gives notice of termination under this Act
and —
(i)
the tenant delivers up vacant possession of the premises
on or after the expiration of the period of notice required under this Act; or
(ii)
a competent court, upon application by the owner,
terminates the agreement under section 71;
(b) in
the case of a tenancy for a fixed term, where the term expires
and —
(i)
the tenant delivers up vacant possession of the premises
on or after the expiration of the term; or
(ii)
a competent court, upon application by the owner,
terminates the agreement under section 72;
(c)
where a competent court terminates the agreement under section 73, 74 or
75;
(d)
where a person having superior title to that of the owner becomes entitled to
possession of the premises;
(e)
where a mortgagee in respect of the premises takes possession of the premises
in pursuance of the mortgage;
(f)
where the tenant abandons the premises;
(g)
where the tenant delivers up vacant possession of the premises pursuant to an
agreement in writing between the owner and the tenant to terminate the
residential tenancy agreement;
(h) by
merger.
(2) Where an agreement
continues beyond the day on which it would upon its terms have terminated by
effluxion of time or the happening of an event, subject to
subsection (3), the same terms as last applied before that day continue
to apply.
(3) A competent court
may, upon application by the owner or tenant, make such modification of the
terms of an agreement referred to in subsection (2) as may be necessary
for or appropriate to its continuance.
[Section 60 amended by No. 50 of 1988
s. 18; No. 59 of 1995 s. 49; No. 59 of 2004
s. 120(1).]