WA to ban “no-grounds” evictions

The Western Australian Government has announced a significant shift in residential tenancy law, with plans to ban “no-grounds” evictions.  The reform represents a material change in the balance of rights between landlords and tenants and will require landlords, property managers and investors to reconsider how they manage tenancies.

What is a “no-grounds” eviction?

Under the current regime, a landlord can terminate a periodic tenancy without providing a reason, provided the required notice is given.  Historically, this has provided landlords with flexibility to recover possession of their property without needing to establish a breach or rely on a prescribed ground. The proposed reform removes that flexibility.

Why the change?

This reform reflects a broader national trend toward increased tenant protections and greater regulation of residential tenancy management. The reforms are intended to strengthen security of tenure and improve housing stability for renters in an increasingly competitive rental market.

What is changing?

Termination will no longer be available simply at the landlord’s discretion. Once implemented, landlords will only be able to terminate a tenancy where a valid legal ground exists. Anticipated grounds are expected to include:

• breach of the tenancy agreement (eg: rent arrears)

• sale of the property requiring vacant possession

• landlord or a family member requiring occupation

• significant renovation, redevelopment or demolition

• change of use of the property

• illegal activity occurring at the property

Practical implications for landlords

This change is not merely procedural — it fundamentally alters how landlords manage risk.  Key implications include:

1. Reduced flexibility: landlords will no longer be able to "reset" a tenancy without cause.  Decisions to lease a property will need to be made with a longer-term perspective.

   
   

2. Document importance: where termination is based on a prescribed ground, proper notices, inspection records, communications and rent ledgers will become increasingly important.

   
   

3. Strategic use of fixed-term agreements: fixed-term leases may become more attractive, as they provide greater certainty around end dates.

   
   

4. Increased compliance risk: improper termination may expose landlords to disputes, delays and potential compensation claims.

   
   

5. Impact on property sale: landlords intending to sell a property may face additional complexity where vacant possession is required.  Sellers may need to carefully plan the timing of any sale process and termination notices.

   
   

6. Tenant selection:  as removing tenants may become more difficult, landlords and managing agents are likely to place greater emphasis on careful tenant screening and ongoing tenancy management.

What about existing tenancies?

It remains unclear how the reforms will apply to existing periodic tenancies, fixed-term leases already on foot and termination notices issued prior to commencement. Transitional provisions will be critical. 

What should you do now?

While the reforms are not yet in force, now is the time to prepare:

• Review your current leasing strategy

• Ensure your tenancy documents and processes are compliant

• Review tenancy application procedures and data collection practices

• Consider whether fixed-term arrangements are appropriate for your circumstances

• Obtain advice before issuing termination notices during the transition period

Final comments

For landlords, the key shift is from discretion to justification. Understanding when and how you can lawfully terminate a tenancy will become more important than ever. If you would like advice on how these changes may affect your property or leasing arrangements, please contact Randall Lawyers.