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A WA property manager suspects a tenant is using the residential premises to operate an unlawful business. What is the correct course of action?

Correct Answer

D) Serve a breach notice and, if it is not remedied, apply to court to end the tenancy

Using residential premises for unlawful purposes is a breach of the tenancy agreement and the Residential Tenancies Act 1987 (WA). The property manager should issue a formal breach notice to the tenant. If the breach is not remedied, the landlord can apply to the Magistrates Court for termination of the tenancy. The matter may also be reported to police if criminal activity is suspected.

Answer Options
A
Change the locks to end the tenancy at once, without a notice or a court order
B
Refer the matter to the Bond Administrator, who decides on breaches of the lease
C
Take no tenancy action, because suspected unlawful activity is solely a police matter
D
Serve a breach notice and, if it is not remedied, apply to court to end the tenancy

Why This Is the Correct Answer

Unlawful use breaches the tenancy, so the manager serves a breach notice and, if the breach continues, applies to the Magistrates Court to terminate.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

breach noticeunlawful useMagistrates Court
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