WA Government Considers Ban on No-Grounds Evictions

The Western Australian government is expected to announce a policy decision on the future of no-grounds evictions within weeks. This practice remains legal only in WA and the Northern Territory.

The practice allows landlords to terminate a lease without providing a specific reason in two situations: during a periodic lease with no fixed end date, and at the end of a fixed-term lease.

A Tenant's Experience

The process is illustrated by the case of tenant Eleanor Kahlo, whose fixed-term lease was terminated without grounds after 15 months.

Ms. Kahlo stated she had disputes with the property manager regarding maintenance and cleaning. The real estate agency, citing privacy, did not comment, but emails show they accused her of aggressive behavior and offered a mutual termination. After failing to vacate following notice and a dismissed court application, bailiffs executed a court order to seize the property.

Differing Perspectives

Tenant Advocates

Advocates, such as Shelter WA, argue tenants should not fear losing their homes without fault. They state landlords already have seven other grounds for eviction (e.g., tenant breach, property damage, intent to sell) and that banning no-grounds evictions would not make the process more difficult.

The Real Estate Industry

The Real Estate Institute of WA (REIWA) argues landlords should retain the right to terminate a lease when they see fit. REIWA states the clause is used rarely, typically in worst-case scenarios with disruptive tenants, and that removing it could strain housing supply.

Polling and Landlord Views

A poll commissioned by the Make Renting Fair Alliance found 80% of 761 Western Australian respondents support ending no-grounds evictions, including 72% of residential investment property owners surveyed.

Landlords expressed mixed views. One landlord supported the current rules after a tenant left owing money. Another stated existing grounds for eviction are sufficient and that no-grounds evictions can discourage tenants from requesting repairs.

Government Position

WA Premier Roger Cook stated the government is considering a range of propositions regarding tenancy law reform but did not confirm specific plans. He noted further tranches of reform in this area were always planned.