A periodic tenancy is an agreement that runs for an indefinite length of time; there is no set finishing date. A periodic tenancy can be written or verbal. Rent may be payable weekly, fortnightly, monthly or any other period agreed by you and the owner.
A periodic tenancy may end if you and the owner/agent agree (in writing), after you or the owner/agent give the correct notice, or an order is made by the court. See the sections below and section 2.8 The Tenancy Agreement for more information.
You can end your periodic tenancy at any time after giving the owner the correct notice. The notice you give must:
How much notice you have to give depends on the reason you are ending the tenancy.
You must give the owner/agent written notice (letter - see Sample Letter below) of not less than 21 days (s 68.). You do not have to give a reason for ending your tenancy. Keep a copy of the letter you give to the owner/agent in case there is any dispute.
You can end the tenancy by giving the owner/agent 2 days notice if the property is destroyed (eg. by a cyclone or fire), is rendered uninhabitable (eg. is condemned), or taken over by any authority by legal process (eg. a court order). (s 69.). You must give the reason you are ending the tenancy.
If the property can not be lived in because of a breach by the owner (eg. not doing necessary repairs) you may need to go to court for the agreement to be ended and to claim compensation from the owner. See section 3.10 Compensation for Loss Incurred Due to a Breach by the Owner for more information.
You and the owner/agent can end the periodic tenancy at any time if you both agree (s 60. (1)(g)). The details of your agreement must be in writing.
The amount of notice the owner/agent must give you differs depending on the reason the owner/agent is seeking to terminate your tenancy. Except where you and the owner/agent both agree to end the tenancy, the notice from the owner/agent must be on the right Notice of Termination form, signed by the owner/agent and filled in correctly for it to be legal (s 61.).
There are three different Notice of Termination forms. Each form may be printed on a different colour to make it easier to tell which form you have been given:
You will need to check the form by whether it is Form 1A, 1B or 1C if it is not coloured.
The owner/agent must give you at least 30 days notice (s 63.) if the rented property is sold and it is a condition of sale that the property be provided vacant to the new owner. In this situation you must be given a with the correct part filled in.
The owner/agent can end the tenancy by giving you 7 days notice if the property is destroyed (eg. by a cyclone or fire), is rendered uninhabitable (eg. is condemned), or taken over by any authority by legal process (eg. a court order) other than because of a breach by the owner (s 69.). In this situation you must be given a with the correct part filled in.
If the property can not be lived in because of a breach by the owner (eg. not doing necessary repairs) the owner/agent can not give you 7 days notice. The owner must fix the property or seek to end the tenancy with your agreement. In this situation you can ask the owner to compensate you. See section 3.10 Compensation for loss incurred due to a breach by the owner for more information.
You and the owner/agent can end the periodic tenancy at any time if you both agree (s 60. (1)(g)). The details of your agreement must be in writing, it does not have to be on a special Notice of Termination form. The owner/agent can not end your tenancy in this way unless you give your consent.
The owner/agent may give you a breach notice giving you time to fix a breach of your agreement (rent arrears or other breach). The breach notice does not have to be on a special form, it may be a letter, but it does have to be in writing.
The owner/agent may give you a Notice of Termination if you do not fix the breach in the time given in the notice (not less than 14 days). The Notice of Termination must be on the right form. If the breach is for rent arrears the owner/agent must follow a breach notice with a *. If the breach is other than for rent arrears the owner/agent must give you a with the correct part filled in.
*The owner/agent may decide not to give you a breach notice and to give you a Notice of Termination immediately you are in rent arrears. In this situation you must be given a . See section 3.1A Rent Arrears for more information about the different action the owner/agent may take if you are in rent arrears.
The owner/agent can end your tenancy for no reason by giving you not less than 60 days notice (s 64.). In this situation you must be given a with the correct part filled in.
You may have grounds to dispute the owner's action in court if the owner/agent has given you a 60 day notice but you believe the owner/agent gave you the notice in retaliation to you complaining to a public authority or taking steps to secure or enforce your rights as a tenant (s 71. (3)(b)(i)). This is commonly called a "retaliatory eviction".
A notice may be given personally or sent by ordinary post (not certified mail) to the owner/agent's or tenant's last known address. The address can be the last known place of residence, employment or business.
Where the notice is to the owner it can be given to owner, the agent of the owner, any person who seems over the age of 16 who seems to be living with the owner, or to the person who ordinarily receives the rent under the agreement (eg. a caretaker).
Where the notice is to the tenant it can be given to the tenant, any person who seems over the age of 16 who seems to be living with the tenant, or the person who ordinarily pays the rent under the agreement.
The notice is considered to have been given if the person's (owner's or tenant's) address is unknown and a copy of the notice is published in a daily newspaper that is distributed throughout the State.
The owner/agent can apply to court for your tenancy to be ended and to be given permission to take back possession of the premises (eviction order) if you do not move out after you are given a Notice of Termination. The owner/ agent must apply to court within 30 days of the termination date on the notice or start their action again. The court will let you know about the owner's application and the time and date of the hearing.
The owner/agent can never force you to move out without a court order (s 80., Penalty $4 000). You may continue to live in the premises until the owner's/agent's application is heard by the court. It is important that you go to court and explain why you think the tenancy should not be terminated. See section 6.2 Going to Court for more information .
The owner/agent may not be successful in getting an eviction order if the court finds:
If the court agrees to give the owner/agent the eviction order it will be made for not more than 7 days after the hearing. If this would cause you hardship you can ask the court to agree to suspend the eviction order for up to 30 days.
You may become a periodic tenant after your fixed term tenancy ends or enter into another fixed term tenancy agreement if you continue to rent the premises after your fixed term tenancy ends.
Some tenancy agreements state that at the end of the fixed term you can remain as a periodic tenant. Sometimes the agreement states you can stay on as a periodic tenant but that the owner's permission is required.
You should negotiate another agreement (periodic or fixed term) before the fixed term is due to end if there is nothing written into your agreement or the owner's permission is required.
You may argue that you have been accepted as a periodic tenant if the owner/agent continues to accept rent after the end of the fixed term but nothing has been agreed about the terms under which the tenancy will continue. In this situation all the other conditions of your agreement would continue.
SAMPLE LETTER
Ms IM Wright
Wright Real Estate
22 Smith Street
14 February 1996
Dear Ms Wright
Re: 298 Sydney Street, North Perth
As required under the Residential Tenancies Act I am writing to give you 21 days notice that I will be leaving the above premises. I will be moving out of the premises on 8 March 1996.
Please contact to me to arrange a time to inspect the premises on the 8th March and to organise for the speedy return of my bond money.
Yours sincerely
A Tenant
136 Resident Street
Newtown WA 6666
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