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Jared Pereira
Jared Pereira, Lawyer
Category: Australia Law
Satisfied Customers: 15
Experience:  Principal Solicitor at Pivot Business Lawyers
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If someone purchases a house in Western Australia as an

Customer Question

If someone purchases a house in Western Australia as an investment property and there is a tenant in the house with a contract to the previous owner does the new owner have to retain that tenant or can they give them notice and put a tenant of their own choice in the property?
Submitted: 4 months ago.
Category: Australia Law
Expert:  Jared Pereira replied 4 months ago.

Hi, this depends on whether it is a fixed term or a periodic (month to month) tenancy. If it is a fixed term tenancy (say for 12 months), then the purchaser is generally bound by the lease - you can't evict them and replace them with another tenant just because you have purchased the property. If it is a month to month tenancy, then you can terminate the lease with the appropriate notice. If you really want to re-enter the property in a fixed term lease scenario, then I would suggest that you negotiate a mutual settlement. I hope this has been of assistance. Regards, Jared.