Ending no-grounds eviction

WA’s rental market is experiencing sustained pressure, with low vacancy rates and rising rents. Despite this, the State Government has so far rejected calls to remove “no-grounds evictions” from the Residential Tenancies Act 1987 (WA) (RTA).

Current law and why it’s controversial

Under the RTA, landlords may terminate a periodic tenancy by giving 60 days’ notice without providing a reason – also known as a “no-grounds eviction”.  Although retaliatory evictions are technically prohibited, they are difficult to prove.   As a result, many tenants feel vulnerable and hesitate to request repairs or assert their legal rights.

What reform could change

Other states have replaced no-grounds eviction with a requirement for landlords to rely on a prescribed ground to end a periodic tenancy.  These grounds include:

• the landlord or a family member intending to move into the property;

• sale of the property requiring vacant possession;

• significant renovations or change of use; or

• serious or repeated tenant breaches.

In support of reform

• Transparency: requiring a stated reason for termination increases accountability and reduces opportunities for misuse.

• Security: tenants gain stability and protection from sudden displacement.

• Communication: tenants are more likely to request repairs or report issues without fear of retaliation.

• Consistency: aligns WA with eastern states where renting is increasingly recognised as a long-term housing arrangement.

Against reform

• Investor confidence:  reduced control over investment properties may discourage investors, potentially worsening rental shortages.

• Reduced flexibility for owners:  everyday landlords may face obstacles when they genuinely need to reclaim their property.

• Pressure on courts:  if termination grounds are contested more frequently, WA’s court system (already limited in tenancy matters) may become strained.

Potential impact

In the short term, reform may prompt some landlords to shift tenants to fixed-term leases or consider selling.  However, in the long term, increased tenant security could reduce turnover, encourage healthier landlord–tenant relationships, and contribute to more stable housing outcomes.

Conclusion

As renting becomes a long-term housing reality for many Western Australians, the ability to end a tenancy without cause is increasingly viewed as outdated and unfair.  Ending no-grounds evictions would mark a significant shift in WA’s tenancy law, aiming to strengthen tenant protection while still preserving reasonable rights for landlords.