Western Australian Current Acts Western Australian Current Acts (1) Despite any Act or
law to the contrary, a residential tenancy agreement shall not terminate or be
terminated except in one of the following circumstances —
(a)
where the lessor or tenant gives notice of termination under this Act and
—
(i)
the tenant delivers up vacant possession of the premises
on or after the expiration of the period of notice required under this Act; or
(ii)
a competent court, upon application by the lessor,
terminates the agreement under section 71;
(b) in
the case of a tenancy for a fixed term, where the lessor or tenant gives a
notice of termination under section 70A and —
(i)
the tenant delivers up possession of the premises on or
after the day on which the term of the agreement expires in accordance with
that section; or
(ii)
a competent court, upon application by the lessor,
terminates the agreement under section 72;
(ba) in
the case of a particular tenant’s interest in the agreement, where the
tenant —
(i)
gives notice under section 71AB(1) of termination of the
tenant’s interest together with at least 1 of the documents required
under section 71AB(2); and
(ii)
vacates the premises on or after the expiration of the
period of notice required under section 71AB(5);
(bb) in
the case of a particular tenant’s interest in the agreement, where the
tenant —
(i)
gives notice under section 71AD(4) of termination of the
tenant’s interest; and
(ii)
vacates the premises on or after the expiration of the
period of notice required under section 71AD(5);
(bc) in
the case of a particular tenant’s interest in the agreement, where a
competent court terminates the tenant’s interest under section 71AE;
(c)
where a competent court terminates the agreement under section 73, 74, 75A or
75;
(d)
where a person having superior title to that of the lessor becomes entitled to
possession of the premises;
(e)
where a mortgagee in respect of the premises takes possession of the premises
in pursuance of the mortgage;
(f)
where the tenant abandons the premises;
(g)
where the tenant delivers up vacant possession of the premises pursuant to an
agreement in writing between the lessor and the tenant to terminate the
residential tenancy agreement;
(h)
where the agreement terminates by merger;
(i)
where every tenant dies.
(2) The termination of
a tenant’s interest in a residential tenancy agreement does not
terminate the agreement in respect of any other tenant under the agreement.
[Section 60 amended: No. 50 of 1988 s. 18; No. 59
of 1995 s. 49; No. 59 of 2004 s. 120(1); No. 60 of 2011 s. 59, 88, 89 and 91;
No. 3 of 2019 s. 16.]
[Heading inserted: No. 60 of 2011 s. 60.]