Western Australian Numbered Acts Western Australian Numbered Acts Delete
sections 63 and 64 and insert:
63. Notice of termination by lessor who has
entered into contract of sale
(1) A lessor may give
notice of termination of a residential tenancy agreement to the tenant on the
ground that the lessor has entered into a contract for the sale of the
premises to which the agreement relates and under that contract the lessor is
required to give vacant possession of the premises.
(2) Where a lessor
gives notice of termination under subsection (1) the period of notice
must be not less than 30 days before the day on which the tenant is
required under the notice to give to the lessor possession of the premises.
(3) A lessor, or a
property manager acting on behalf of the lessor, must not give notice of
termination under this section that the person knows is false or misleading in
a material particular.
Penalty: a fine of $10 000.
(4) This section does
not apply to a residential tenancy agreement that creates a tenancy for a
fixed term during the currency of that term.
64. Notice of termination by lessor without any
ground
(1) A lessor may give
notice of termination of a residential tenancy agreement to the tenant without
specifying any ground for the notice.
(2) Where a lessor
gives notice of termination under this section, the period of notice must be
not less than 60 days before the day on which the tenant is required
under the notice to give to the lessor possession of the premises.
(3) A tenant may,
within 7 days after receiving a notice of termination under this section,
apply to a competent court for an order —
(a) that
the period of notice be extended by a further period of up to 60 days; or
(b) if
the tenant is of the opinion that the grounds set out in
section 71(3)(b)(i) apply — that the residential tenancy
agreement is not terminated as a consequence of the notice.
(4) On an application
under subsection (3) the court may, as it thinks fit having regard to the
justice and merits of the case —
(a)
extend the period of notice for a further period of up to 60 days and
make such other orders as to compensation of the lessor for any loss caused by
the extension or as to any other matter that it considers is, in the
circumstances of the case, appropriate; or
(b) make
an order that the residential tenancy agreement is not terminated as a
consequence of the notice; or
(c) make
an order referred to in section 71(2) and in that case the court must
specify the day as from which the order for possession operates, being a day
that is the later of —
(i)
a day not less than 60 days after the day on which
the notice of termination was received; or
(ii)
a day within 7 days after the day on which the order
was made.
(5) This section does
not apply in relation to a residential tenancy agreement that creates a
tenancy for a fixed term during the currency of that term.