Can a landlord break a lease? Many families and individuals rent, so it’s important to understand the reasons a landlord might terminate a lease early. In Western Australia, landlords have several grounds to end a lease prematurely. A lease is a legal agreement between two parties, governed by specific requirements, conditions, and rules.
In this blog, we will examine the legal grounds for landlords to terminate a lease. We cover landlords who break a lease for specific reasons, tenants’ guidelines for early lease termination, and the consequences of lease termination.
Can a landlord break a lease in Western Australia?
Yes, a landlord can break a lease in Western Australia under certain circumstances; however, it must do so in accordance with the rights and responsibilities set out in the Residential Tenancies Act 1987 and the Residential Tenancies Regulations 1989. Either a landlord or a tenant may terminate a lease for a number of reasons; it is best for both parties to provide sufficient legal evidence and maintain open communication to do so.
The requirements of the landlord for the termination of a lease
Ending a residential lease agreement is labelled as a termination or break of lease in Western Australia. These guidelines apply to individuals renting under a tenancy agreement. Ending a lease early may result in compensation to the landlord or tenant, depending on the reason for termination.
Terminating without any reason
- Fixed-term tenancy: A landlord may give 30 days’ notice to end the tenancy agreement at the end of the fixed term. However, a landlord may not lawfully terminate before the end of the fixed term without the tenant’s consent or a court order, except in limited circumstances, such as breach or uninhabitable property.
- Periodic tenancy: A 60-day termination notice period is required. The landlord may give notice without providing a specific reason, and the lease may be terminated. Tenants can apply for an extended notice period or to cancel the termination due to prior complaints.
Terminating with a specific reason
Breach by a tenant:
A landlord can terminate any tenancy agreement if the tenant has breached the agreement and hasn’t provided any evidence of fixing it. The landlord must provide 7 days’ notice. It must meet two conditions:
- The landlord has completed and provided a Form 20 Breach Agreement, and
- The tenant has failed to fix the breach within 14 days of receiving the form.
Failure to pay rent:
A landlord may terminate a tenancy agreement if rent is overdue. The law provides two pathways for landlords in these circumstances:
- Issue a breach notice (Form 21) for non-payment of rent, with 14 days to pay overdue rent; followed by a Form 1A termination notice with 7 days to vacate if rent remains unpaid.
- Issue a Form 1B Notice of Termination for Nonpayment of Rent, without a prior breach notice.
Contract to sell:
30 days’ notice is required; however, the landlord cannot terminate a lease for this reason and must compensate the tenant if the property is sold before the tenancy agreement ends.
Premises destroyed or uninhabitable:
7 days’ notice is required and is usually given in the circumstances of a natural disaster or event that causes damage.
The premises cannot lawfully be used as premises:
The landlord may terminate the tenancy agreement if the premises have been acquired by the government or are subject to zoning or legal classification.
Tenants’ guidelines for early termination of a lease
In most cases, it is recommended to avoid breaking a lease; however, there are circumstances that may warrant it.
There are two main reasons a tenant could use to terminate a lease:
- When the tenant is on a periodic tenancy, the tenant must provide 21 days’ notice of termination to the landlord.
- If the tenant is experiencing any type of family or domestic violence, this must be supported by a DVO, charge sheet or police report.
Consequences of breaking a lease
- You must pay rent up until the end of your lease, even if you aren’t living at the property. This may result in financial loss to you or other tenants.
- You may be asked to cover the costs of breaking the lease, such as advertising costs for the property or liaising with different property teams.
Why lease your property with HKY?
If you are a property owner seeking support with leasing and property management, we can assist with all your property needs. HKY Real Estate has a team of experienced professionals who prioritise your property goals. Contact us now for a free appraisal.
Frequently asked questions
As soon as you know you want to terminate a lease, notify the lessor or agent in writing immediately. If your decision is in writing and given sufficient notice, it helps prevent you from incurring additional costs or experiencing financial difficulties. In a fixed-term agreement, providing written notice and exceeding the minimum notice period is good practice and provides a clear record of the timeline.
It is best to request additional information if you need to negotiate any terms of your residential tenancy agreement. Most property managers will advise you or help you understand the financial implications of the rental agreement. Therefore, making a decision regarding your rental or questioning costs will be more seamless.
A fixed-term lease typically outlines the terms and conditions between the landlord and tenant. If you are unsure about the terms and conditions of your lease, you should seek independent legal advice.
Yes, in Western Australia, you are eligible for your bond even if you terminate a tenancy agreement early. The property must meet specific cleaning and condition requirements based on the agent or lessor. You are responsible for all cleaning duties if you vacate the property or leave early.
Tenancy laws protect West Australian renters and ensure that any rented premises comply with tenants' legal rights.
Have more questions?
