Breach Notices in WA: When to Use Form 20 and Common Landlord Mistakes
A practical guide for WA landlords on issuing a breach notice using Form 20, including when it can be used, how to complete it correctly, and mistakes that can undermine enforcement.
One of the most misunderstood tools available to landlords in Western Australia is the breach notice.
Many self-managing landlords either:
- issue a breach notice too early,
- issue the wrong notice,
- or avoid issuing one altogether out of fear of “making things worse”.
Used correctly, Form 20 – Notice of breach is a procedural safeguard, not an escalation tactic. This article explains when Form 20 can be used, how to issue it correctly, and how to avoid the common mistakes that weaken your position.
What is a breach notice in WA?
A breach notice is a formal written notice advising a tenant that they have failed to comply with an obligation under the tenancy agreement or the Residential Tenancies Act.
In WA, landlords use Form 20 – Notice of breach to:
- identify the breach,
- specify what must be done to remedy it (if applicable),
- and set a clear timeframe for compliance.
It is a procedural step, not a punishment.
When can a landlord issue Form 20?
Form 20 can be issued when a tenant breaches the tenancy agreement or the Act, including situations such as:
- failure to keep the premises reasonably clean
- damage beyond fair wear and tear
- unauthorised alterations
- failure to comply with agreed property care obligations
- ongoing behaviour that breaches tenancy terms
It should not be used for:
- rent arrears (different notices apply)
- urgent access issues (entry notices apply)
- vague or unproven concerns
The breach must be identifiable, specific, and defensible.
Do you have to issue a breach notice?
In many situations, issuing a breach notice is not mandatory — but it becomes critical if enforcement may later be required.
If a matter escalates to dispute resolution or court, a landlord who has:
- clearly identified the breach,
- issued a compliant notice,
- and allowed a reasonable opportunity to remedy
is generally in a stronger position than one who relied on informal emails or verbal warnings.
How to complete Form 20 properly
When issuing Form 20, clarity matters more than volume.
A compliant Form 20 should:
- clearly describe what the breach is
- reference the relevant tenancy obligation
- state what must be done to remedy it (if applicable)
- specify the compliance timeframe
- be delivered in a way you can later prove
Avoid emotional language. Treat it as a procedural document.
Common mistakes landlords make with breach notices
These mistakes frequently undermine otherwise valid concerns:
1. Issuing multiple breach notices for the same issue
Repeated notices for the same unresolved breach can appear unreasonable unless circumstances have materially changed.
2. Being vague
Statements like “property not maintained” without specifics are difficult to enforce.
3. Using a breach notice as leverage
A breach notice is not a threat or negotiation tool. Courts and regulators focus on process, not frustration.
4. Failing to keep records
If you cannot show when the notice was issued, how it was delivered, and what happened next, the notice may be given little weight.
Breach notices and inspections work together
Many breaches are identified during routine inspections.
If inspections are not conducted correctly — for example, without proper notice — any issues discovered can become harder to rely on later.
If you are unsure about inspection rules, notice periods, or Form 19 requirements, read:
👉 Routine Inspections in WA: Form 19, Notice Periods, and Common Mistakes
A compliant inspection process supports enforceable breach notices.
Should you always issue a breach notice?
No.
Some issues are better resolved informally. However, once a pattern emerges or a matter may need escalation, formal documentation protects you.
A good rule of thumb:
- minor, one-off issue → written reminder
- ongoing or significant issue → Form 20
- unresolved breach → seek advice before escalating further
Why process matters more than intent
Many landlords believe that “reasonable behaviour” is enough. In disputes, process usually matters more than intent.
Clear notices, correct forms, reasonable timeframes, and proper records consistently place landlords in a stronger position — even when the underlying issue is disputed.
Want a structured compliance system?
If you want ready-to-use notice templates, inspection workflows, and compliance checklists — without having to second-guess every step — the WA Tenancy Compliance Pack was designed for self-managing landlords.
👉 View the WA Tenancy Compliance Pack
It provides practical, court-ready documentation to support inspections, breach notices, and tenancy management generally.
Final note
This article is general information only and does not constitute legal advice. For complex or disputed matters, independent legal advice should be obtained.