Landlord ending a tenancy

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The process to end a tenancy depends on whether it’s a fixed-term or periodic tenancy and the reason for ending it.

In most cases, a landlord will need to give a tenant a Notice of termination (Form 1C) to end the tenancy.

Counting days page includes notice periods and helpful flow charts showing how to give notices.

Ending a periodic agreement (no fixed end date)

If there is no set end date on the rental agreement it is a periodic agreement. Many fixed-term agreements become periodic when the end date has passed.

To end a periodic agreement, the landlord must give the tenant the following notice periods:

Ending a fixed-term agreement (fixed end date)

Fixed-term agreements do not stop at the fixed end date. A fixed-term agreement automatically changes to a periodic rental agreement when:

  • the end date passes and
  • the tenant hasn’t signed a new fixed term agreement and
  • then landlord hasn’t given a notice to move out.

To end a fixed-term agreement, the landlord must give the tenant the following notice periods:

A tenant can stay in the home during the notice period until the vacate date. This is even if it is past the fixed-term agreement end date.

Ending an agreement early 

Fixed-term agreements can only be ended early by:

  • written agreement by all tenants and landlords
  • court order (eviction)
  • breaches of the agreement including not paying rent
  • the home is unsafe or uninhabitable

A landlord must never force a tenant out or change locks without an order from the court.

Landlord and tenant agree to end the tenancy 

The easiest way to end the tenancy is by mutual agreement. This is when the landlord and tenant agree to end the tenancy.

This should be:

  • in writing
  • include the address of the rented property
  • state the end date of the tenancy (the date the tenant will need to move out)
  • include the reasons for ending the tenancy

Ending an agreement this way means there is no need to follow formal procedures, such as issuing notices.

Missed or overdue rent

If the tenant is behind on rent, the landlord should talk to them about the overdue payments.

Option 1: Breach and termination notices

The landlord can give a breach of agreement (Form21) to the tenant. The tenant has

14 days to pay the overdue amount. If rent is still not paid, the landlord can end the agreement with a Form 1A Notice of termination for non-payment of rent giving the tenant 7 days to move out.

For more information see Lessor chart 1 – Service of a Breach notice for failure to pay rent

Option 2: Notice of termination with no breach notice

The landlord can issue a Form 1B Notice of termination for non-payment of rent if no breach notice has been issued.

The tenant is not required to move out if they:

  • pay all the rent owing or
  • follow a repayment plan agreed with the landlord.

For more information see Lessor chart 2 – Service of Notice of Termination for failure to pay rent

Other breaches of agreement

A landlord can issue a breach notice for other tenancy problems such as:

  • having pets without permission,
  • causing a nuisance, or
  • damaging the home.

The landlord must give the tenant a Notice to tenant of breach of agreement (other than failure to pay rent) (Form 20). The tenant will have 14 days to fix the problem. After 14 days, the landlord can issue a Notice of termination (Form 1C) giving the tenant 7 days to move out.

For more information see Lessor chart 3 – Service of a breach notice other than for failure to pay rent

Sale of the home

A fixed-term agreement does not end because the home is sold.

If the home is sold during the tenancy, the new owner takes on the landlord responsibilities. If the home must be vacant as a condition of sale, the landlord must:

  • Get written agreement from the tenant(s) to end the tenancy early.
  • Make the settlement date on or after the end of the fixed term and with 30 days or more notice using Form 1C.

The landlord can not force a tenant to leave early.

If the tenant agrees to leave early the landlord could offer compensation such as a rent free period or to cover moving costs.

See more about showing the home to prospective buyers on the entry rights and privacy page.

Landlord hardship

The landlord may need to end the tenancy because of an unexpected problem which causes them ‘hardship’. Examples include the death of a partner, serious illness, or redundancy.

Talk to the tenant(s)

Talk to the tenant to try to come to an agreement about ending the tenancy early.

If the tenant agrees - put it in writing

Write down the new end date of the agreement and any terms or compensation for ending the agreement early.

If the tenant does not agree – go to court

The landlord can apply to the Magistrates Court for an order to end the tenancy agreement. The court will need evidence of hardship from the landlord. The landlord may be ordered to cover some of the tenant’s costs for moving out early.

Retaliatory action

A landlord can’t end an agreement with a tenant for doing something, or saying they will do something, they are legally allowed to do.  For example, a landlord can’t give a termination notice for a tenant:

  • requesting repairs
  • asking to have a pet
  • asking for changes to the home
  • challenging a rent increase. 

A tenant does not have to move out if they believe they are being evicted because they made a complaint or tried to enforce their rights in the previous six months. They can stay at the home until the matter goes to court.

Eviction (Court order)

If a tenant receives proper notice to leave the premises but refuses to move out, the landlord can apply for a court order to have them evicted.

A tenant can request a delay to the eviction for up to 30 days if they prove it will cause them hardship.

Only a bailiff can legally remove the tenant with a under a warrant.

Damaged or unsafe home

The tenant or the landlord can end the agreement if the home is destroyed, damaged or unsafe to live in such as after a storm.

If the home is still intact and safe to live in, then the tenant and the landlord can negotiate the end of the agreement. Otherwise, the tenant must follow the proper notice periods to end the agreement. A landlord must address any repairs needed if the tenant stays.

Only the local government authority can declare a home uninhabitable. An uninhabitable home means staying at the home puts the tenant’s safety or health at risk. The tenant should not stay at an uninhabitable home. 

The notice requirements to leave an uninhabitable are:

  • Tenant(s) must give a landlord two days written notice
  • Landlord must give tenant(s) seven days written notice (Form 1C).

The tenant does not have to live in the property during the notice period.

Tenant abandons home

There is a process to follow if the landlord thinks the tenant has abandoned the home. It includes ending the agreement and how to handle things the tenant has left behind. See more on Abandoned home and belongings.

Housing Authority (WA) 

A social housing provider, such as Department of Communities, can end a tenancy:

  • for the above reasons
  • if the tenant no longer meets the eligibility criteria for social housing, or
  • if the tenant is being relocated to another social housing property. 

Notice periods and appeal processes apply.

Further information:

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