Here's a quick DIY guide for those self-managers out there in WA. Also useful for those with PMs to make sure that your PM actually knows what they are doing.
Firstly there are actually two separate procedures that can be followed. One is substantially quicker than the other, and so probably is the most useful from a landlord's point of view. I've outlined it below:
1. As soon as there is a single day of arrears, you can issue a Form 1B Notice of Termination. A copy of which is on the Consumer Protection website:
http://www.commerce.wa.gov.au/ConsumerProtection/Content/Property_renting/Renting/Notices.html
2. Make sure you allow 7 clear days before the vacate day, as well as a day or two for service depending on your service method.
3. If the tenants are still at the property on the day AFTER the vacate date, you can immediately apply to the nearest Magistrates Court for a termination order. It will be on a residential tenancies Form 12. Lodgement fee is $26.70.
http://www.magistratescourt.wa.gov.au/R/residential_tenancy_amended_regulations_2005_forms.aspx
4. Make sure you put the orders required as something like "termination of tenancy agreement and order for vacant possession".
5. Wait until the first court date. It will be at least 14 days from lodgement, but almost always within 21 days from lodgement. Hopefully (and most of the time) you will get your termination order there and then.
6. Just note that the tenant has until the day before court to pay up the arrears along with the $26.70 lodgement fee. If they do that you can't actually proceed to seek termination (but at least you have your money).
There you have it. Not really that hard. I'm happy to answer any questions.
Firstly there are actually two separate procedures that can be followed. One is substantially quicker than the other, and so probably is the most useful from a landlord's point of view. I've outlined it below:
1. As soon as there is a single day of arrears, you can issue a Form 1B Notice of Termination. A copy of which is on the Consumer Protection website:
http://www.commerce.wa.gov.au/ConsumerProtection/Content/Property_renting/Renting/Notices.html
2. Make sure you allow 7 clear days before the vacate day, as well as a day or two for service depending on your service method.
3. If the tenants are still at the property on the day AFTER the vacate date, you can immediately apply to the nearest Magistrates Court for a termination order. It will be on a residential tenancies Form 12. Lodgement fee is $26.70.
http://www.magistratescourt.wa.gov.au/R/residential_tenancy_amended_regulations_2005_forms.aspx
4. Make sure you put the orders required as something like "termination of tenancy agreement and order for vacant possession".
5. Wait until the first court date. It will be at least 14 days from lodgement, but almost always within 21 days from lodgement. Hopefully (and most of the time) you will get your termination order there and then.
6. Just note that the tenant has until the day before court to pay up the arrears along with the $26.70 lodgement fee. If they do that you can't actually proceed to seek termination (but at least you have your money).
There you have it. Not really that hard. I'm happy to answer any questions.