Western Australian Consolidated Acts

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RESIDENTIAL TENANCIES ACT 1987 - SECT 69

69 .         Notice of termination by owner or tenant where agreement frustrated

        (1)         Where, otherwise than as a result of a breach of an agreement, the premises, or a part of the premises, the subject of that agreement are destroyed or rendered uninhabitable or cease to be lawfully usable as a residence or are appropriated or acquired by any authority by compulsory process — 

            (a)         the rent shall abate accordingly; and

            (b)         the owner or tenant may give notice of termination of the agreement to the other upon that ground.

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

        (3)         Where a tenant gives notice of termination under this section, the period of notice shall be not less than 2 days.

        (4)         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, or will, deliver up possession of the premises is earlier than the last day of that term.



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