Property Possession Dispute
The client is dealing with a Notice of Seeking Possession due to rent arrears. This matter involves a possession and property dispute related to the arrears. The client has provided details about their situation and is seeking further guidance.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the legal grounds for issuing a Notice of Seeking Possession due to rent arrears, and what evidence do I need to provide?
The legal grounds for issuing a Notice of Seeking Possession due to rent arrears in Australia include the tenant being in at least two months' arrears if rent is paid monthly, or eight weeks' arrears if paid weekly, under Ground 8 of the relevant housing legislation. Additional grounds may cover persistent delays in rent payment. Evidence required includes a copy of the tenancy agreement, a detailed rent statement, and any correspondence about the arrears.
How long does the process of seeking possession typically take in Western Australia, and what critical timelines should I be aware of?
The process of seeking possession due to rent arrears generally involves several stages. After issuing a valid Notice of Seeking Possession, landlords must wait the notice period, which usually lasts two weeks. If the arrears remain unpaid, an application can be made to the court for a possession order. The court hearing typically occurs within eight weeks, although delays can extend this timeline. If granted, the tenant may have a specific number of days to vacate, although this could be extended in exceptional circumstances.
What are the potential defenses a tenant might raise against a Notice of Seeking Possession for rent arrears, and how can I prepare for them?
Tenants may defend against a Notice of Seeking Possession for rent arrears by disputing the amount owed or claiming a breach of the landlord's obligations. They might argue that the notice was improperly served or that the landlord failed to adhere to pre-action protocols. To prepare, maintain accurate records of rent statements and payment history.
What are the costs associated with seeking possession, including court fees and potential legal representation in Western Australia?
The costs of seeking possession for rent arrears primarily include court fees and potential legal representation. As of 2023, the cost for issuing a claim for possession in the relevant court is around AUD 400. Legal representation can vary significantly but typically ranges from AUD 1,200 to AUD 2,800, depending on the complexity of the case and the solicitor’s fees.
What if the tenant clears the arrears?
If the tenant clears the arrears before the court hearing, the landlord may choose not to proceed with the possession claim. The court could view the repayment as a positive action by the tenant. However, if there are other grounds for possession, the landlord may still continue with the proceedings.
