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WA Eviction Guide for Landlords — How to Evict a Tenant Legally

Landlord Wise
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WA Eviction Guide for Landlords — How to Evict a Tenant Legally

Guide scope

This guide is a practical starting point for Australian landlords. Tenancy rules, authority processes and forms can change by state or territory, so use it to understand the workflow, then check the current authority process before issuing formal notices, lodging tribunal applications or making legal or financial decisions. Landlord Wise can help you organise records and ask Wise AI state-specific questions.

Evicting a tenant is never pleasant, but sometimes it’s necessary. Whether your tenant has stopped paying rent, damaged the property, breached the tenancy agreement in some other way, or you simply need vacant possession at the end of a lease, WA has strict rules you must follow. Get it wrong and the entire eviction can be thrown out — forcing you to start the process again from scratch.

This guide walks you through every legal ground for eviction in Western Australia, the forms and notice periods required for each, and the common mistakes that trip up self-managing landlords. If you’re specifically dealing with unpaid rent and need a detailed walkthrough of the Form 21 and Form 1A process, see our WA Eviction Notice for Unpaid Rent guide.

If you’re working through a live termination, keep the WA eviction notice guide and broader WA residential tenancies act guide guides alongside this page. If the tenancy is likely to end in a money dispute, our WA rental bond guide guide is the next page to read.

At a Glance — WA Eviction Process

    <li><strong>Rent arrears (recommended):</strong> Form 21 (14-day breach notice) → Form 1A (7-day termination) → court application within 30 days</li>
    
    <li><strong>Rent arrears (fast-track):</strong> Form 1B (7-day termination, no prior breach notice) — but tenant can stop by paying before vacate date</li>
    
    <li><strong>Other breach:</strong> Form 20 (14-day breach notice) → Form 1C (7-day termination)</li>
    
    <li><strong>End of fixed term:</strong> Form 1C — 30 days' notice before expiry date</li>
    
    <li><strong>Periodic tenancy (no grounds):</strong> Form 1C — 60 days' notice</li>
    
    <li><strong>Property sold:</strong> Form 1C — 30 days' notice (periodic tenancies only)</li>
    
    <li><strong>Court application deadline:</strong> 30 days after notice expires — miss it and you start again</li>
    
    <li><strong>Only a court-appointed bailiff can remove a tenant.</strong> Self-help eviction is illegal.</li>

The Golden Rule

You cannot simply change the locks or force a tenant out. In WA, only a court-appointed bailiff can legally remove a tenant from the property. Any attempt to evict without following proper legal process is illegal under the Residential Tenancies Act 1987 and carries a significant financial penalty.

Specifically, changing locks without a court order, turning off utilities such as electricity, gas or water, or taking any other action intended to force a tenant to leave are all offences under the Act. Consumer Protection views interference with utilities as coercion and treats it very seriously. A court is also unlikely to look favourably on a landlord who has already acted unlawfully — it can undermine your entire case even if the tenant genuinely owes you rent or has breached the agreement.

The process always follows this sequence:

  1. Issue the appropriate breach or termination notice

  2. Wait the required notice period

  3. Apply to the Magistrates Court if the tenant doesn’t leave

  4. Attend the court hearing

  5. Receive court order

  6. Bailiff removes tenant if they still won’t vacate

There are no shortcuts. Any attempt to bypass this process is illegal.

What WA Law Requires — All Grounds for Eviction

The Residential Tenancies Act 1987 sets out specific grounds on which a landlord can terminate a tenancy. Each ground has its own notice requirements, forms, and rules. Using the wrong ground, the wrong form, or the wrong notice period will invalidate your notice and force you to start again.

Here is a complete summary of every ground available to WA landlords:

Non-payment of rent — two pathways

The Act provides two separate pathways for dealing with rent arrears. The right choice depends on your circumstances.

Pathway 1: Breach notice first (Form 21 → Form 1A) — This is the recommended approach for most situations. You issue Form 21 (Breach Notice for Non-payment of Rent) giving the tenant 14 days to pay the full amount owing. If they pay within that period, the matter ends. If they don’t pay, you then issue Form 1A (Notice of Termination) giving 7 days to vacate. The critical advantage of this pathway is that payment after Form 1A is served does not automatically stop the termination — you can still apply to court for a possession order. For a detailed step-by-step walkthrough of this process, see our WA Eviction Notice for Unpaid Rent guide.

Pathway 2: Fast-track termination (Form 1B) — You issue Form 1B (Notice of Termination for Non-payment of Rent) directly, without a prior breach notice. The tenant has 7 days to either pay in full or vacate. This path is faster but has a significant drawback: if the tenant pays all rent owing before the vacate date, the landlord cannot apply to court. Even if the tenant doesn’t pay by the vacate date but does pay the full amount plus any court application fees at least one day before the hearing, the landlord cannot continue proceedings. This effectively means the tenant can stop the eviction by paying at any point up to one day before the court hearing. Note also that under Section 62(5)(c), the court hearing for a Form 1B application cannot take place less than 21 days after the notice is given — so the actual timeline for Pathway 2 is longer than the 7-day notice period might suggest.

For most self-managing landlords, Pathway 1 is the stronger option. It takes longer — a minimum of 21 days versus 7 — but once you’ve issued Form 1A, your ability to proceed to court is not defeated by a last-minute payment.

Other breaches of the tenancy agreement

For breaches other than rent — property damage, unauthorised occupants, noise complaints, keeping pets without permission, sub-letting without consent, using the property for an illegal purpose — the process mirrors the non-payment pathway but uses different forms.

You issue Form 20 (Notice to Tenant of Breach of Agreement) specifying the breach clearly and giving the tenant 14 days to remedy it. If they fix the breach within that period, the matter ends and you cannot proceed with termination. If they don’t fix it, you issue Form 1C (Notice of Termination) giving 7 days to vacate.

The breach must be genuine and documented. Keep photos, written records, and copies of all communications. Vague notices or poorly documented breaches can be challenged successfully at court.

End of a fixed-term tenancy

A fixed-term tenancy agreement does not automatically end on its expiry date. Under Section 76C, if neither the landlord nor the tenant gives written notice, the tenancy continues as a periodic (month-to-month) tenancy after the fixed term expires on the same terms that applied immediately before the expiry day.

To end a tenancy at the expiry of the fixed term, you must give at least 30 days’ written notice using Form 1C before the expiry date. If you give less than 30 days’ notice — for example, 15 days before expiry — the possession day extends so the tenant still gets the full 30 days from when the notice was given.

No grounds need to be specified for ending a tenancy at the end of a fixed term.

Periodic tenancy — no grounds

If the tenancy has become periodic (either because it was always periodic, or because a fixed term expired without either party giving notice), you can end it without specifying any reason by giving at least 60 days’ written notice using Form 1C.

The tenant has the right to apply to the Magistrates Court within 7 days of receiving the notice for an extension of up to an additional 60 days. The court will consider the relative hardship to both parties when deciding whether to grant an extension.

Property sold — vacant possession required

If you have entered into a binding contract to sell the property and the contract requires you to give vacant possession to the buyer, you can issue Form 1C giving at least 30 days’ notice. This ground can only be used for periodic tenancies — you cannot terminate a fixed-term tenancy mid-term because you’ve sold the property, unless the tenant agrees. The notice cannot be given until the Offer and Acceptance has become a binding contract.

Providing a false or misleading notice of termination on this ground is an offence under the Act and carries a significant financial penalty.

Property destroyed or uninhabitable

Where the property is destroyed, rendered uninhabitable, ceases to be lawfully usable as a residence, or is acquired by compulsory process — and this is not caused by a breach of the tenancy agreement — the landlord can issue Form 1C giving 7 days’ notice. The tenant can also end the tenancy with just 2 days’ notice in these circumstances. Rent abates proportionally from the date the property becomes uninhabitable.

Family violence termination (Form 2)

A tenant who has experienced family violence can terminate their interest in the tenancy agreement by giving the landlord a Notice of Termination (Form 2) under Section 60(1)(ba) or (bb). This is tenant-initiated — the landlord does not issue this notice. However, landlords should understand how it works because it affects the tenancy agreement, the bond, and who remains on the lease. Where one tenant’s interest is terminated under these provisions, the agreement continues for any remaining tenants (Section 60(2)). The rights and liabilities of the parties, including how the bond is apportioned, can be determined by the court under Section 17B. For more detail on the family violence provisions, see our Residential Tenancies Act WA guide.

Social housing provisions

Social housing landlords (Housing Authority and approved providers) have additional termination grounds where a tenant is no longer eligible for social housing or where alternative premises have been offered. These involve additional review procedures and longer timeframes. The standard grounds above still apply to social housing tenancies as well.

Summary of Notice Periods and Forms

| Reason | Form Required | Notice Period | Key Conditions |

|--------|--------------|---------------|----------------|

| Non-payment of rent (with prior breach notice) | Form 1A (after Form 21) | 7 days | Form 21 must be served at least 14 days before Form 1A |

| Non-payment of rent (no breach notice) | Form 1B | 7 days | Tenant can stop by paying before vacate date |

| Other breach (damage, pets, etc.) | Form 1C (after Form 20) | 7 days | Form 20 must be served at least 14 days before Form 1C |

| End of fixed term — no grounds | Form 1C | 30 days | Notice must be given before the expiry date |

| Periodic tenancy — no grounds | Form 1C | 60 days | Tenant can apply for up to 60 more days |

| Property sold — vacant possession | Form 1C | 30 days | Periodic tenancies only; contract must be binding |

| Property destroyed or uninhabitable | Form 1C | 7 days | Not caused by a breach of the agreement |

| Family violence (tenant-initiated) | Form 2 | See Act | Terminates that tenant’s interest only |

| Mortgagee repossession | Form 14 | 30 days | Issued by the mortgagee, not the landlord |

Serving Notices Correctly

How you serve a notice matters. If the matter goes to the Magistrates Court, you will need to prove each notice was properly served — if you can’t, the magistrate may reject your case and require you to start again.

Under the Residential Tenancies Act 1987, valid service methods are:

Hand delivery — to the tenant directly, to a resident of the premises who is apparently over 16 years of age, or to a person who ordinarily pays the rent. Where there are two or more tenants, you only need to serve the notice on one of them, although it should refer to all parties to the agreement.

Ordinary post — not registered post. Service is taken to have occurred when the letter would have arrived in the ordinary course of post, so factor in delivery time. Allow two to three business days for delivery within the same city or town, and up to six business days between regions.

Email or facsimile — only if the tenant has agreed to receive notices electronically. This must be recorded in the tenancy agreement. If you used the March 2026 Form 1AA, there is a dedicated section in Part A where each party explicitly agrees (Yes or No) to receiving notices by email or facsimile. Check this section before relying on email service. For more on the current Form 1AA, see our WA Rental Agreement guide.

Counting notice days — The notice period excludes both the day the notice is served and the last day of the notice period. The required action (such as vacating) should take place on the day following the last day of the notice period.

Keep a clear record of how and when each notice was served — date, method, and who received it if hand delivered. This is evidence you will need if the matter goes to court.

What Happens After You Serve the Notice

Once the notice period has expired and the tenant has not vacated, you must apply to the Magistrates Court for a possession order. You have 30 days from the date the notice expires to make this application. If you miss this 30-day window, the termination notice expires and you must restart the entire process from the beginning — including re-issuing the breach notice and waiting the full notice periods again.

Applying to the Magistrates Court

Applications are made entirely online through the Magistrates Court’s Electronic Document Lodgement Service. There is no paper form to post — the system generates Magistrates Court Form 12 (Application for Court Order) based on the information you enter. Supporting documents must be submitted electronically through the eCourts Portal before your court date.

Be specific in your application about what you are seeking — an order for the tenant to vacate and, if applicable, an order for rent arrears to be repaid. The magistrate will only consider what is listed in your application.

The court hearing

A hearing date is typically scheduled from 14 days after your application is lodged. From when you first served the initial breach notice to the court hearing, the process generally takes 4–8 weeks depending on court availability — factor this into your cash flow planning if rent remains unpaid throughout.

The court will generally attempt to resolve the matter through a pre-trial conference with a registrar before proceeding to a full hearing. Both parties have the opportunity to present their case.

What to bring to court:

  • Copies of all notices served, with evidence of how and when each was served

  • Rent ledger showing arrears (if applicable)

  • The tenancy agreement — your Form 1AA and any variations

  • The property condition report (if damage is part of your claim)

  • Any other supporting evidence — photos, communications, inspection reports

What the court considers

The court has the power to:

  • Make the termination order and order for possession — specifying the day from which the order operates, which must be within 7 days of the order being made

  • Suspend the order for up to 30 days — if the court is satisfied this is desirable having regard to the relative hardship to the landlord versus the tenant. This suspension is not available where the property is the landlord’s principal place of residence.

  • Refuse to make the order entirely — if the court is satisfied the notice was retaliatory action, or if the tenant has remedied the breach (though the court will consider any previous breaches by the tenant)

After the court order

If the tenant still refuses to leave after a court order is granted, you then apply for a Property Seizure and Delivery Order, which authorises a court-appointed bailiff to remove the tenant. The bailiff is required to give the tenant the opportunity to move out peacefully, but the order can be enforced with a warrant if necessary.

Do not attempt to remove the tenant yourself at any point in this process.

Can the Tenant Stop the Eviction?

Tenants have several ways to delay or prevent an eviction depending on the ground and the stage of the process. Understanding these is important so you’re not caught off guard.

During the remedy period

If you’ve issued a breach notice (Form 21 for rent, or Form 20 for other breaches), the tenant can stop the process by remedying the breach within the 14-day period. For rent arrears, this means paying the full amount owing. For other breaches, this means fixing the problem. If the breach is remedied, the notice is spent — you cannot proceed with a termination notice based on that breach notice.

After a termination notice is served

This depends on which pathway you used:

Form 1A (after Form 21): Payment of rent after Form 1A is served does not automatically stop the termination. The landlord can still apply to court for a possession order. This is explicitly stated on the Form 1A itself. However, if the tenant pays and the matter goes to court, the court retains discretion — it may consider that the breach has been remedied, particularly if this is a first-time occurrence with no history of repeat arrears.

Form 1B (fast-track, no prior breach notice): The tenant can stop the process by paying all rent owing before the vacate date specified in the notice — the landlord cannot then apply to court. Even after a court application is made, if the tenant pays the full rent owed plus the court application fee at least one day before the hearing, the landlord cannot continue proceedings. This is why Pathway 1 (Form 21 → Form 1A) is generally the stronger option.

Form 1C for other breaches (after Form 20): If the tenant remedies the breach after the termination notice but before the court hearing, the court may refuse to make a termination order — though it will take into account any previous breaches by the tenant.

At the court hearing

Even at the court stage, the tenant has options:

Hardship suspension — The tenant can ask the court to suspend the possession order for up to 30 days if they would suffer hardship. The court weighs the hardship to the tenant against the hardship to the landlord. This is not available where the property is the landlord’s principal place of residence.

Retaliatory action defence — If the tenant can demonstrate that the termination notice was retaliatory action — for example, issued because the tenant requested repairs, lodged a complaint with Consumer Protection, or exercised a legal right under the Act — the court can refuse to make the termination order entirely and may order the landlord to pay compensation.

There are two overlapping protections for tenants here. Under Section 71(4), if the tenant complained to a public authority or took steps to enforce their rights within six months before the notice was given, the burden shifts to the landlord to prove the notice was not retaliatory. Separately, the 2024 amendments introduced Sections 26A and 26B, which establish a standalone retaliatory action framework. Under Section 26B, a tenant can apply to the court for relief if they reasonably believe the landlord took retaliatory action after the tenant enforced their rights, complained to the Commissioner or another government entity, or where a court order is in force. This is broader than s71(4) — it covers rent increases and refusal to renew as forms of retaliatory action (Section 26A), and it allows the tenant to seek compensation independently of the termination process.

No-grounds termination (60-day notice) — A tenant who receives a no-grounds termination notice for a periodic tenancy can apply to the court within 7 days for an extension of the notice period by up to an additional 60 days. The court can also make an order that the tenancy is not terminated as a consequence of the notice.

If the tenancy ends and money or damage is disputed, our WA rental bond guide and WA property condition report guide guides explain the evidence side. If the dispute began with a fixed-term agreement, our WA break lease guide guide is the other page most landlords usually need.

Common Mistakes Landlords Make

Eviction is one area where self-managing landlords are most likely to make costly errors. Each mistake can add weeks or months to the process and potentially expose you to legal liability.

Using the wrong form for the situation

Each ground for termination has a specific prescribed form. Using Form 1A when you should have used Form 1C, or issuing Form 1C for rent arrears instead of Form 1A or Form 1B, will invalidate the notice. The court will reject an application based on the wrong form and you’ll need to start the process again from scratch.

Skipping the breach notice step

For both rent arrears (Pathway 1) and other breaches, a breach notice (Form 21 or Form 20) must be served and the full 14-day remedy period must expire before a termination notice can be issued. Issuing a termination notice without the prior breach notice — or issuing it before 14 days have passed — makes the termination notice ineffectual under the Act. There is no workaround for this requirement.

Getting the notice period wrong

The counting of days excludes both the day of service and the last day of the notice period. Getting this wrong by even one day can invalidate the notice. If you’re serving by post, you also need to factor in postal delivery time — the notice period doesn’t start until the letter would have arrived in the ordinary course of post.

Trying to evict without a court order

No matter how clear-cut the situation seems, you cannot change the locks, remove the tenant’s belongings, turn off utilities, or take any other action to force a tenant out without a court order. This is illegal under the Act and carries a significant financial penalty. It can also undermine any future court application.

Accepting partial payments during the termination process

Accepting partial rent payments after you’ve issued a termination notice can complicate your legal position. It may be argued that you’ve waived the breach or accepted a new arrangement. Note, however, that Section 66 of the Act explicitly provides that acceptance of rent after a landlord has given notice of termination does not operate as a waiver of that notice. Despite this statutory protection, accepting payments during the process can still create confusion at a hearing — if you’ve decided to proceed with eviction, be clear with the tenant about your intentions and be cautious about accepting payments that could be interpreted as waiving the termination.

Missing the 30-day court application window

After the termination notice expires, you have exactly 30 days to apply to the Magistrates Court. If you miss this window — even by one day — the termination notice expires and you must restart the entire process, including re-issuing the breach notice and waiting the full notice periods again. Calendar this deadline immediately when you serve the termination notice.

Poor record-keeping

The court requires evidence that every notice was properly served. If you can’t produce copies of each notice with clear records of the date, method, and recipient of service, the magistrate may reject your case. Keep copies of everything — notices, rent ledger, photos of damage, written communications, inspection reports — in a single file from the moment a tenancy issue begins.

Issuing notices in retaliation

If a tenant has recently made a complaint to Consumer Protection, requested repairs, or exercised any legal right under the Act, issuing a termination notice within six months of that event creates a presumption of retaliation under Section 71(4). The burden shifts to you to prove the notice was not retaliatory. If you can’t, the court will refuse the termination order and may order you to pay compensation. The 2024 amendments strengthened these protections further through Sections 26A and 26B — a tenant can now apply for relief against retaliatory action independently, and rent increases are explicitly listed as a form of retaliatory action. Make sure your grounds for termination are genuine, documented, and independent of any complaint or legal action by the tenant. Note that if you’re increasing rent around the same time as a tenant complaint, make sure you’ve followed the correct rent increase process so the increase can’t be characterised as payback.

The Bond and Claiming Costs

The bond is handled separately from the eviction process. Even if you’re evicting for rent arrears, the bond doesn’t automatically come to you — you need to lodge a claim with the Bond Administrator.

You can claim for unpaid rent, property damage beyond fair wear and tear, cleaning costs if the property is left in a state requiring professional cleaning, and other costs directly caused by the tenant’s breach.

The bond may not cover everything. If arrears and damage exceed the bond amount, recovering the remainder requires a separate court claim. Manage your expectations accordingly. Your property condition report from the start of the tenancy is critical evidence for damage claims — without it, establishing what damage was caused by the tenant versus pre-existing wear becomes very difficult.

Practical Tips from Experience

Document everything from day one — photos of damage, rent payment records, copies of all notices with the date served and method of service. The landlords who struggle most in court are the ones who kept poor records.

Try talking first — a direct conversation sometimes resolves things faster than formal notices. Many tenants who fall behind on rent are experiencing a temporary hardship and will catch up if given a realistic plan. Once you start the formal notice process, the relationship becomes adversarial and the options narrow.

Don’t accept partial payments once you’ve issued a termination notice — this can complicate your legal position. If you want to give the tenant another chance, withdraw the termination notice formally and start fresh if needed.

Budget for the gap — even a straightforward eviction takes 4–8 weeks from the first notice to a court hearing. If rent is unpaid throughout that period, you’re carrying the mortgage, rates, insurance, and maintenance costs with no income. Factor this into your financial planning. For guidance on what these costs typically look like, see our property management fees guide.

Good tenant screening upfront saves enormous headaches — the best eviction is the one you never have to do. Thorough reference checks, employment verification, and rental history review at the start of a tenancy are worth far more than knowing the eviction process inside out.

Keep a separate file for each tenancy — notices, communications, rent records, condition reports, and any evidence of breaches should all be in one place. If the matter goes to court, you don’t want to be scrambling to find documents.

Forms Quick Reference

| Form | Purpose | Where to Get |

|------|---------|-------------|

| Form 20 | Breach notice — general (non-rent issues) | consumerprotection.wa.gov.au |

| Form 21 | Breach notice — failure to pay rent | consumerprotection.wa.gov.au or Landlord Wise |

| Form 1A | Termination after Form 21 (rent arrears) | consumerprotection.wa.gov.au or Landlord Wise |

| Form 1B | Fast-track termination for rent arrears | consumerprotection.wa.gov.au |

| Form 1C | Termination — all other reasons | consumerprotection.wa.gov.au |

| Form 2 | Family violence termination (tenant-initiated) | consumerprotection.wa.gov.au |

| Form 14 | Mortgagee in possession notice | consumerprotection.wa.gov.au |

Form 21 and Form 1A are both available on Landlord Wise with auto-calculated notice dates, 14-day gap validation, and PDF generation. Generate your notices at landlordwise.com.au

If you are building out the full landlord workflow for this state, these guides connect this page to the rest of the tenancy process.

Same-state guides

Compare eviction and notice guides in other states

Frequently Asked Questions

Can I change the locks if the tenant hasn’t paid rent?

No. Changing the locks without a court order is illegal regardless of how much rent is owed or how long it has been unpaid. You must follow the formal notice process and obtain a court order before a bailiff can remove the tenant. Cutting off utilities such as electricity, gas, or water to force a tenant out is also illegal and is treated very seriously by the Department and the courts.

What if the tenant pays rent after I’ve issued Form 1A?

Payment after Form 1A is served does not automatically stop the termination. You may still apply to court for a possession order. The decision on whether to proceed is yours — but be aware the court retains discretion and may consider the payment when deciding whether to make the order.

What’s the difference between Form 1A and Form 1B?

Both are termination notices for non-payment of rent, but they work differently. Form 1A can only be issued after you’ve served Form 21 (breach notice) and waited at least 14 days. Its advantage is that payment after Form 1A is served doesn’t stop the process. Form 1B can be issued immediately without a prior breach notice, but the tenant can stop the eviction by paying all rent owing before the vacate date, or by paying the full amount plus court fees at least one day before the hearing.

Do I have to go to court in person?

Generally yes, unless you have strong personal reasons such as illness or being interstate or overseas. In that case the court can appoint someone to represent you, provided the other party is not disadvantaged.

Can a property manager represent me in court?

Yes. If your rental property is managed by an agent, they can represent you in Magistrates Court proceedings.

What happens if I miss the 30-day window to apply to court?

The termination notice expires and you must start the process again from the beginning — reissuing the breach notice and waiting the full notice periods again. There is no extension available for this deadline.

Can a tenant challenge a no-grounds termination?

Yes. A tenant who receives a no-grounds termination notice for a periodic tenancy can apply to the court within 7 days for an extension of the notice period by up to 60 additional days. They can also challenge the notice if they believe it is retaliatory action — for example, if you issued the notice within six months of the tenant making a complaint or exercising a legal right. Under the 2024 amendments, the tenant can also apply separately under Section 26B for relief against retaliatory action, which may include compensation.

Can I evict a tenant during a fixed-term lease?

You cannot end a fixed-term tenancy before the expiry date unless the tenant has breached the agreement (non-payment of rent or another breach) or the property has been destroyed or rendered uninhabitable. No-grounds termination and sale of property are not available as grounds during a fixed term. At the end of the fixed term, you must give at least 30 days’ notice using Form 1C.

What happens if neither party gives notice at the end of a fixed term?

Under Section 76C, the tenancy automatically continues as a periodic tenancy on the same terms that applied immediately before the expiry day. If you then want to end it without grounds, you’ll need to give 60 days’ notice. If the tenant wants to end it, they need to give at least 21 days’ notice.

How long does the entire eviction process take?

From the first breach notice to a court hearing, the process generally takes 4–8 weeks depending on court availability. If you use Pathway 1 (Form 21 → Form 1A), the minimum timeline before you can even apply to court is 21 days (14-day breach notice period plus 7-day termination notice period). Add 14 or more days for the court to schedule a hearing, and you’re looking at 5–6 weeks minimum in a straightforward case. If the court suspends the order for hardship, add up to another 30 days.

Can I evict a tenant for having a pet without permission?

An unauthorised pet is a breach of the tenancy agreement. You would need to issue Form 20 (breach notice) giving the tenant 14 days to remedy the breach — which could mean removing the pet or obtaining retrospective consent. If the breach isn’t remedied, you can then issue Form 1C (termination notice) giving 7 days to vacate. However, be aware that the 2024 amendments to the Act introduced specific provisions around pets, and the court will consider whether the breach is serious enough to justify termination.

Can the court award me compensation for lost rent during the eviction process?

You can include a claim for rent arrears in your Magistrates Court application under Section 15(2). If the tenant holds over (stays beyond the court-ordered possession date), you are separately entitled to compensation for any loss caused under Section 76. You must include these claims in your application — the court will only consider what you have specifically requested.

What if the tenant has abandoned the property?

If you reasonably suspect the property has been abandoned, you can enter and secure the property without a court order. Use Form 12 (Notice to Tenant of Abandonment of Premises) and Form 13 (Notice of Termination to Tenant if Premises Abandoned). The tenant’s belongings must be handled in accordance with the Act — you cannot simply dispose of them.


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This guide is based on the Residential Tenancies Act 1987 (WA) and the Residential Tenancies Amendment Act 2024 (WA). It is informational in nature and does not constitute legal advice. For advice specific to your situation, consult a lawyer or contact Consumer Protection WA on 1300 30 40 54.

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