Western Australian Consolidated Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 62

62 .         Notice of termination by owner upon ground of breach of term of agreement

        (1)         An owner may give notice of termination of an agreement to the tenant upon the ground that the tenant has breached a term of the agreement and the breach has not been remedied.

        (2)         Where an owner gives notice of termination under this section, the period of notice shall be not less than 7 days.

        (3)         Where notice of termination is given under this section upon the ground of a breach of the agreement other than the agreement to pay rent, the notice is ineffectual unless a notice specifying the breach and requiring that it be remedied is given to the tenant not less than 14 days before the notice of termination is given.

        (4)         Where notice of termination is given under this section upon the ground of a breach of the agreement to pay rent — 

            (a)         the notice is ineffectual unless a notice specifying the breach of the agreement and requiring payment of the rent is given to the tenant not less than 14 days before the notice of termination is given; and

            (b)         the notice is not rendered ineffectual by failure by the owner to make a prior formal demand for payment of the rent.

        (5)         Despite subsection (4)(a), notice of termination upon the ground of a breach of the agreement to pay rent may be given immediately the breach occurs but where notice is so given — 

            (a)         the owner shall not make an application under section 71 if the rent due under the agreement is paid in full before the day specified in the notice as the day on which the tenant is to deliver up possession of the premises;

            (b)         the owner shall not continue proceedings in respect of an application under section 71 if — 

                  (i)         the rent due under the agreement; and

                  (ii)         the amount of any fee paid by the owner under section 18(1),

                are paid in full to the owner not less than one day before the hearing of application; and

            (c)         the hearing of an application under section 71 shall take place not less than 21 days after notice is given.

        (5a)         Where an application is made, or proceedings in respect of an application are continued, in contravention of subsection (5), any order made under section 71(2) in respect of the application is of no effect.

        (6)         Where notice of termination is given under this section in respect of an agreement that creates a tenancy for a fixed term, the notice is not ineffectual by reason of the fact that the day specified as the day on which the tenant is to deliver up possession of the premises is earlier than the last day of that term.

        (7)         Failure by a tenant under an agreement that creates a tenancy for a fixed term to deliver up vacant possession of the premises at the expiration of the term does not constitute a breach of the agreement.

        [Section 62 amended by No. 59 of 1995 s. 50.]