Currently in Western Australia a tenancy can be terminated without the landlord having to provide a reason under what is known as a “no grounds” or “without grounds” termination. The terms “no grounds” and “without grounds” reference the same thing and are used interchangeably.
Termination can occur at the end of a fixed-term lease or at any time during a periodic lease. While the landlord does not need to have a reason for ending the tenancy, they do need to provide 30 days’ notice for termination of a fixed-term lease or 60 days’ notice for termination of a periodic lease.
Drivers for change
The rental marketplace is changing. Increasingly as tenants rent for longer there is a social imperative to have them to feel more secure so that they can make the rental premises their home.
A stable rental system benefits everyone including landlords who rely on long‑term, reliable tenants to look after their investment. Under the WA Government’s proposed reforms to the Residential Tenancies Act 1987, landlords will retain the ability to end a periodic or fixed term tenancy where there is a reason for doing so.
The proposed expanded grounds for terminating a tenancy
The Department of Local Government, Industry Regulation and Safety will undertake consultation with industry groups and property stakeholders as part of the proposed reforms.
Consultation will include an expanded list of grounds for landlords to terminate a tenancy. The expanded list of grounds will supplement existing grounds that already apply under the legislation (e.g. where a tenant breaches the tenancy agreement).
The additional list of grounds being considered includes:
- Tenant is no longer eligible for the tenancy. For example, if the tenancy is provided because a tenant meets certain eligibility criteria (for example employee or student) the tenancy can be terminated on the ground that the tenant no longer meets that eligibility criteria.
- Repeated serious breaches of the tenancy agreement.
- Owner occupation – if the landlord requires premises for their own occupation or occupation by a relative of the landlord.
- The premises are to be used by the landlord for another (non‑residential) purpose e.g. business purpose.
- The premises are to be demolished or redeveloped.
- The landlord intends to carry out significant repairs or renovations on the premises that can’t be carried out while the premises are occupied.
- The premises are required for public purpose – where government owned rental accommodation is required for a public or statutory purpose.
- Tenant not living at premises or not using the premises for residential purposes.
Benefits for private landlords
The proposed list of grounds aims to:
- Give tenants greater stability and reduce unnecessary displacement.
- Align WA with most other Australian jurisdictions.
- Replace uncertainty with a rental system that works for both tenants and landlords.
Landlords may claim this change will reduce flexibility as they can no longer simply “not renew” a lease without reason.
Potential benefits for landlords include:
- Will increase tenants’ acceptance of termination because by understanding the reason for termination tenants will be less likely to dispute termination and more likely to provide vacant possession.
- Fewer claims of retaliatory action. With no‑grounds termination tenants are more likely to claim retaliation if asked to leave especially when they have requested repairs and maintenance or sought to negotiate a reduced increase in rent.
- A more stable rental market with longer average tenancies, lower vacancy turnovers and reduced reletting and advertising costs occurring in jurisdictions where no‑grounds terminations have been removed.
More information
A number of frequently asked questions are available for landlords on the subject of the proposal to remove no grounds terminations.
For more information on coming changes to residential tenancy legislation, visit WA rent Reforms
Enquiries can be directed to 1300 30 40 54 or email