1. Termination by tenant
A tenant may give notice of termination of a Residential Tenancy Agreement to SAC without specifying any ground for the notice.
A tenant must give Southern Aboriginal Corporation Housing program 21 days notice in writing of intention to vacate a property, and remains responsible for the property as legal tenant, until the keys are returned to Southern Aboriginal Corporation Housing program. When the 21 days notice is received, Southern Aboriginal Corporation Housing program will make arrangements to inspect the property and discuss with the tenant the vacated maintenance requirements and any estimated vacated tenant liability. (See also 9.2).
Where tenants have given 21 days notice under the RTA or arranged a pre vacation inspection the tenant/s is to be offered tip pass where this is made available by Council or advised if applicable of the council “mini skip” bin service. For all rubbish to be removed from the property and verge the tenant will be charged.
Refer to Section 68 Notice of Termination by Tenant of the RTA for further information.
2. Termination by mutual agreement
The Residential Tenancy Agreement may be terminated if both SAC and the tenant agree in writing signed by both parties that the Residential Tenancy Agreement be ended and the date it is to be ended.
3. Termination by frustration of agreement
Where, otherwise than as a result of a breach of an agreement, the premises or a part of the premises are destroyed or rendered uninhabitable or are appropriated or acquired by any authority by compulsory process:
• the rent will decrease accordingly; and
• the owner or tenant may give notice of termination of the agreement to the other upon that ground.
Where SAC gives notice of termination under this section, the period of notice will be not less than seven days.
Where a tenant gives notice of termination under this section, the period of notice shall be not less than two days.
Refer to Section 69 Notice of Termination by Owner or Tenant Where Agreement Frustrated’ of the RTA.
4. Termination due to family and domestic violence
Per 71AB of the Residential Tenancies Legislation Amendment (Family Violence) Act 2019:
1. Despite any other provision of the Act or another written law or a requirement under a contract, a tenant may give to the lessor notice of termination of the tenant’s interest in the residential tenancy agreement on the ground that the tenant or a dependent of the tenant is, during the tenancy period, likely to be subjected or exposed to family violence.
2. A notice under this section must be accompanied by a document, applicable during the tenancy period, comprising 1 of the following:
1. A DVO;
2. A Family Court injunction or an application for a Family Court injunction;
3. A copy of a prosecution notice or indictment containing a charge relating to violence against the tenant or a court record of a conviction of the charge;
4. A report of family violence, in a form approved by the Commissioner, completed by a person who has worked with the tenant and is 1 of the following:
1. A person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
2. A person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession;
3. A social worker as defined in the Mental Health Act 2014 section 4;
4. A police officer;
5. A person in charge of a women’s refuge;
6. A prescribed person or class of persons.
3. If a tenant gives notice under this section, the period of notice must be not less than 7 days before the termination day.
Approved Professional
For the purposed of signing the official Consumer Protection Family Violence Report – Evidence Form (available here)(https://www.commerce.wa.gov.au/publications/family-violence-report-evidence-form), an approved professional may be a:
• Doctor
• Psychologist
• Social worker
• Person in charge of a women’s refuge
• Police officer
• Child protection worker
• Family support worker
• Person in charge of an Aboriginal health, welfare or legal organisation.
If there has been damage to the premises or unpaid rent as a result of family and domestic violence, the court can assign liability for any damages or debt to whoever is responsible for the family and domestic violence (the perpetrator). For this to occur, the tenant who is experiencing family and domestic violence, whether vacating the premises or staying, must apply to the court using the court order form 12 (available here)(https://www.commerce.wa.gov.au/sites/default/files/atoms/files/court-form-12-guide-fdv.pdf).
If there is no court order, all the tenants on the tenancy agreement remain jointly liable for any damages and/or debts.
SAC will prioritize accommodation transfers, where possible and vacancy dependent, to facilitate improved access to security and safety for a tenant post an FDV incident in our accommodation.
5. Termination for purposes of resale with vacant possession.
SAC is required to give tenants at least 30 days’ notice of termination.
6. Termination for purposes of corporation’s affairs being wound up or for any or no reason. SAC is required to give tenants at least 60 days’ notice of termination.