Notice to Vacate in WA

[Boof]

Hello,
I was wondering what your thoughts are on this situation:

We are moving to our IP in WA. We were going to go when the lease expired in Oct but something came up so we are now going when lease expires in April.

2 months 2 weeks before the lease was due to expire in Oct, contacted the PM via telephone of our intensions and asked that she start the process of informing the tenants the lease will not be renewed. She told me that she only has to give (out of courtesy) “ a couple of weeks notice to the tenant."

The info I have is that they must have 60 days notice. In follow up email I queried her and had the response that she deals with the legislation every day and knows what is going on!

So I am thinking either:

-I have the wrong information
-She is confused about which property and owner I am (it has happened before)
-She doesn’t have any idea what the legislation is

I don’t want to turn up in WA with removalist (and dog) in tow and be told I can’t move in!

Regards

Boof

 

[Aaron Sice]

60 days if the tenants are signed under a lease older than 6 weeks.

the new resi tenancy act is 120 days.

 

[jaycee]

Hello,
I was wondering what your thoughts are on this situation:

We are moving to our IP in WA. We were going to go when the lease expired in Oct but something came up so we are now going when lease expires in April.

2 months 2 weeks before the lease was due to expire in Oct, contacted the PM via telephone of our intensions and asked that she start the process of informing the tenants the lease will not be renewed. She told me that she only has to give (out of courtesy) “ a couple of weeks notice to the tenant."
The info I have is that they must have 60 days notice. In follow up email I queried her and had the response that she deals with the legislation every day and knows what is going on!

So I am thinking either:

-I have the wrong information
-She is confused about which property and owner I am (it has happened before)
-She doesn’t have any idea what the legislation is

I don’t want to turn up in WA with removalist (and dog) in tow and be told I can’t move in!

Regards

Boof

Good to see the industry is so selective on whom they allow to be credited with such a prestigious title as property manger is pumped up to be by only letting the bright ones who care about & understand what they're doing.

 

[Boof]

Thanks for the replys!

She was a receptionist who did a 4 day course! and we dont have much of a variety being a small town hence the move back to get things under control!

 

[Doovalacky]

http://www.commerce.wa.gov.au/ConsumerProtection/PDF/Forms/RT01C_Notice_of_termination.pdf
C. (1) This notice of NOT LESS THAN 60 DAYS is given to you in exercise of the owner’s right to give notice without specifying any ground for doing so. (See section 64 of the Residential Tenancies Act 1987.)
(Notes:
1. This notice cannot be given during the term of a fixed term residential tenancy agreement.

Perhaps you should email the documentation to her!

 

[Burbs]

Hi there.

None of the answers given so far are correct.

The PM's answer cited by the original poster is correct.

In WA under a fixed-term lease, there is no statutory notice period to ask a tenant to vacate at the end of a fixed-term lease.

What you will need to do is as follows:

1. Ensure the notice is given in writing (an email is not sufficient).
2. Ensure evidence is kept about the method of giving notice (personal service, post by regular mail etc).
3. Ensure the notice is served prior to the expiry of the lease.

(You can ask your PM to email you a copy of the notice and details of the service)

And yes, out of courtesy 1 month notice would be the professional standard.

For reference, the 60-day notice period applies to periodic (ie non-fixed) tenancies.

Also note, this notice period will likely change under the Residential Tenancies Amendment Bill 2011; however that legislation has not been enacted yet.

Regards,

Burbs

 

[Boof]

Thanks Burbs,

Lucky I didnt go in barking up the wrong tree! I was convinced that it was 60 days!

Boof