What Is The Legal Process Of Eviction Notice In WA?

In human life, individuals need to travel to different destinations for business or their careers. People often need to stay in locations other than their homes for a prolonged time. Unless the client has decided to put down their roots in a specific place, buying a whole house outright is a wrong financial decision. 

 

When a person wishing to spend some time in a particular space occupies a clear space and pays for its use.  Associated utilities, and other things – they have entered into a tenancy agreement with the actual owner. 

 

The tenancy agreement outlines the area, duration, and the advantages the tenant will enjoy as long as the arrangement lasts. Usually, the tenants leave the premises amicably after their time has ended, or they do not want that place anymore. However, the owner cannot take back their property whenever they feel like it. 

 

According to the Residential Tenancies Act 1987 (WA), section 80 – a property owner will need a court order to evict their tenant legally. It is best to involve experienced property lawyers Perth WA for the job. 

Eviction And Illegal Eviction

Australia’s legal system places immense importance on the nature of eviction the tenant has experienced, or the property owner has applied. 31% of Australian households put up their home for rent.

 

The nature and proceedings will change according to the nature of eviction. So, let us know how the WA judicial system defines evictions and when to consult the expertise of the most proficient property dispute lawyers Perth:

• Illegal Eviction

If the property owner forces the tenant out of the property without a court order, it is considered illegal – as it seriously breaches the aforementioned Residential Tenancies Act 1987 (WA). The court can penalise the evictor (which can be the owner or any person hired by him) financially by an amount of AUD 4000. A Court order is essential to evict a renter illegally. 

• Legal Eviction

The event is called a legal eviction when the property owner gets back their possession after the court has issued an order for it. It is permitted under the 1987 law, and the property owner can seek the help of the police for these purposes. 

Can The Owner Evict After Serving A Notice Of Termination?

A similar analogy would be, should you eat the dessert before having the main course? The most proficient lawyer will tell you that a notice of termination is not the same as a court-approved eviction order.

 

It is just the first step the owner/agent can take to end the renter’s tenancy. The owner must apply and procure a court order specifying the tenant’s eviction – if they don’t move out after you issued a Notice of Termination to them. 

 

Having your leasing property engaged by persons who harm it or do not pay their fee can tense you economically and sensitively. In environments where the connection between proprietor and resident is no longer optimum, kicking out may be the single possibility. 

 

This legal progression obliges the occupant to vacate the property freely after receiving the proper notice. In some cases, the occupant may come out against the dissolution of the lease.

Diverse Categories Of Tenancy

In Australia, the owner and the renter can get into two types of tenancy. The details are as follows:

• Fixed-term rentals – where the tenant rents the property for a specific period.
• Periodic tenancies – where the owner puts up their space on rent for a specific period, for example – weekly or from month to month.

A tenant under fixed-term occupancy still enjoys it – even though the tenancy has ended. The occupancy becomes a periodic tenancy and no longer has a set term. However, the period of notice the landlord must provide their tenants before ending their tenancy will vary.

 

It will depend on the state where the property is and the type of agreement both parties have entered. The types of residence can still affect the situation – however, different timeframes will come into effect in case of evictions.

 

General Rules Regarding Eviction

Rules for serving eviction notices differ according to the states’ laws – and each of these must be followed. Failure to comply with the set regulation can result in the voiding of the eviction processes. The general conditions for application culminating in an eviction notice are given as follows:

• The owner has to give a written notice to vacate the property, and it must contain a valid reason. 
• The applicant must follow the procedures mentioned in the law and complete them within the prescribed time frame. 
• The property owner must use the correct documentation and fill up the appropriate forms without mistake. 
• The owner cannot take any other decisions regarding the evacuation of property – they have to proceed to the needed governing body if the tenant ignores the request to vacate.
• The applicant has to keep written records of every communication and step and should be able to produce them in a court of law when needed. 

The laws can change according to the state where the eviction occurs. 

The Different Scenarios For An Eviction

The Residential Tenancies Act 1987 (WA) entails the owner to monitor certain stages before the court can provide them with an expulsion order. This step often consists of serving the resident a Notice of Termination. 

It involves applying to a court of law for a termination and possession order, also known as an eviction order).
The different scenarios and their probable legal outcomes are mentioned below:

1. Scenario:

The tenant fails to leave after the owner/mediator gives them a Notice of Termination. The tenant can explain their ‘undue hardship’ to the court and get a maximum 30-day deferral of the eviction notice – if the owner can procure an eviction notice from the court.

1.1 Outcome:

The owner must apply to the court within 30 days of the date they informed the tenant to move on by the termination notice. In case the owner doesn’t apply at this time – they must start their act of terminating the tenancy again (they can serve a new breach notice, another termination notice, or both).

 

2. Scenario:

The occupants don’t move out at the end of their fixed-term lease.

2.1 Outcome:

The landowner must apply to the court within 30 days of the ending date of the fixed term tenancy. If they don’t apply within this time, the tenant may argue to have an ongoing tenancy (a periodic tenancy) and that the landlord has to look at other eviction steps in the Residential Tenancies Act 1987 (WA) before they conclude the tenant’s contract.

 

3. Scenario:

The tenant has (or will most likely) instigated or endorsed severe mutilation to the leased properties or has caused damage to the landlord, representative, neighbours, and their guests – deliberately or thoughtlessly.

3.1 Outcome:

The court has the power to rule for immediate possession and eviction under this section.

 

4. Scenario:

The tenant will suffer unjustified suffering if their tenancy ends under any further subdivision of the Residential Tenancies Act 1987 (WA).

4.1 Outcome:

In case of a tenancy-ending instruction, the court can decide the ending date of the tenancy. They can order any compensation to the renter for any loss because of this order.

Western Australian Rules About Serving An Eviction Notice-

The legal process to evict a tenant or serve an eviction notice to the tenant for Western Australia is partly similar to the other states. The straightforward steps to help an eviction notice WA to a tenant are as follows:

• The owner has to issue a formal notice of tenancy agreement breach when evicting a tenant. The information must contain the contract breach details and give the tenant a fortnight to counter the claims made in the notice of agreement breach. 
• The landlord can issue a final notice of termination if the tenant cannot rectify the breach in time. The tenant must vacate the property seven days after receiving the notice period. 
• The landlord can apply in the Magistrates’ Court within 30 days for an order of possession – if the tenant refuses to vacate the property within the given time. 
• The landlord can apply for a property seizure and delivery order from the court. If the tenant refuses to move even after this step. If the court approves it, a court-appointed bailiff will evict the client from their property in support of the landlord. 

The applicant must follow the guidelines and steps stringently to complete the eviction process. Otherwise, the court can decree the exclusive events null and void. 

Taking Help Of The Best Legal Help

 

The landowners will have to pay the different expenses for their leased property – even if the tenants have discontinued producing. As a property owner, you are entitled to acquire the financial value the property generates. So, a non-paying tenant must be evicted if all other options fail.

 

However, you cannot resort to illegal methods under any circumstances. As it would result in a significant penalty from the court. It is, therefore, best to hire the most experienced and skilled property lawyers for your problem.