Periodic Tenancy Agreement in Western Australia: Everything You Need to Know
If you are a landlord or tenant in Western Australia, it is important to understand the different types of tenancy agreements that are available. One of these is a periodic tenancy agreement, which can offer benefits and flexibility for both parties.
What is a periodic tenancy agreement?
A periodic tenancy agreement (also known as a rolling or month-to-month tenancy agreement) is a type of tenancy where there is no fixed end date. Instead, the tenancy continues until either the landlord or the tenant decides to end it by giving notice.
In Western Australia, a periodic tenancy agreement can be created in two ways:
1. By agreement between the landlord and tenant at the end of a fixed-term tenancy agreement
2. When a tenant continues to pay rent after the end of a fixed-term tenancy agreement without signing a new agreement
Benefits of a periodic tenancy agreement
For landlords, a periodic tenancy agreement can offer flexibility as it allows them to make changes to the rental agreement with only one month`s notice. This can be useful if they want to increase the rent or make other changes to the terms of the tenancy.
For tenants, a periodic tenancy agreement can provide flexibility as it allows them to move out with only one month`s notice, without having to wait until the end of a fixed-term tenancy agreement. This can be useful if they need to move for work, family or personal reasons.
What happens if a landlord or tenant wants to end a periodic tenancy agreement?
If the landlord wants to end a periodic tenancy agreement, they must give the tenant at least 60 days` notice in writing. If the tenant wants to end the agreement, they must give the landlord at least 21 days` notice in writing.
It is important to note that the notice period must be at least one month and end on the day rent is due. For example, if rent is due on the 1st of the month, notice must be given at least one month before the 1st of the following month.
If the tenant does not give the correct notice period, they may be liable for rent until the notice period has ended.
Final thoughts
A periodic tenancy agreement can provide benefits and flexibility for both landlords and tenants in Western Australia. However, it is important to understand the terms of the agreement, including the notice period required to end the tenancy. By doing so, both parties can ensure a smooth and stress-free tenancy experience.