Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an agreement
creates a tenancy for a fixed term and the tenant fails to deliver up
possession of the premises on or after the expiration of the term, the owner
may, within 30 days after the expiration of the term, apply to a
competent court for an order terminating the agreement and an order for
possession of the premises.
(2) Subject to this
section, a competent court shall, upon application under this section, make an
order terminating the agreement and an order for possession of the premises.
(3) Notwithstanding
subsection (2), except where the premises the subject of the agreement
are the principal place of residence of the owner, the
court —
(a) may
suspend the operation of orders under that subsection for a period not
exceeding 30 days, if it is satisfied that it is desirable to do so
having regard to the relative hardship that would be caused —
(i)
to the owner by suspending the orders; or
(ii)
to the tenant by not suspending the orders;
and
(b)
shall refuse to make the orders under that subsection where the term of the
tenancy under the agreement is less than 90 days unless it is
satisfied —
(i)
that the owner genuinely proposed, at the time that he
entered into the agreement, to use the premises after the expiration of the
term for purposes inconsistent with the tenant continuing to occupy the
premises; or
(ii)
that the tenant of his own initiative sought a tenancy of
a term of less than 90 days.
(4) Subject to
subsection (3)(a), where the court terminates an agreement and makes an
order for possession of the premises under this section, it shall specify the
day as from which the orders shall operate, being not more than 7 days
after the day on which the orders are made.
(5) The
Limitation Act 2005 does not apply to or in relation to an application
under this section.
[Section 72 amended by No. 50 of 1988
s. 18; No. 59 of 2004 s. 120 and 121; No. 20 of 2005
s. 23.]