Rent Arrears in WA: Form 21, Notice Options and Landlord Mistakes
A practical WA landlord guide to rent arrears, Form 21, Form 1A and Form 1B, including notice periods, service, records and common mistakes.
When rent falls behind, the safest response for a Western Australian landlord is to verify the arrears, communicate clearly, and choose the correct notice pathway. Do not improvise a deadline, add a late fee, or assume that a notice lets you recover possession yourself.
Form 21 – Breach notice for non-payment of rent is one lawful option. It tells the tenant how much rent is outstanding and requires payment within 14 days. If the arrears are not paid within that period, the landlord may then consider Form 1A – Notice of termination for non-payment of rent, which gives at least seven days to vacate.
WA law also provides a different route using Form 1B without first issuing Form 21. The two pathways have different consequences, so landlords should understand the distinction before choosing one.
This guide explains the practical steps, notice periods, service records and common mistakes. It is general information only and not legal advice.
First, confirm that the tenant is actually in arrears
Before sending any notice, reconcile the rent ledger against the tenancy agreement and the payments received.
Check:
- the amount and frequency of rent in the agreement
- the date to which rent was last paid
- whether a bank transfer is pending or has been allocated incorrectly
- whether a payment has been received under an unfamiliar reference
- any written repayment arrangement already agreed
- the exact rent balance outstanding as at the date of the notice
Keep rent arrears separate from other amounts. A utility account, repair claim or disputed charge should not be added to the Form 21 rent figure merely because the tenant may owe it.
Consumer Protection WA states that a landlord cannot charge a late fee or interest on overdue rent. Form 21 should identify rent arrears, not create an additional penalty.
A simple ledger might look like this:
| Due date | Rent due | Rent received | Date received | Running arrears |
|---|---|---|---|---|
| 3 August | $600 | $600 | 3 August | $0 |
| 10 August | $600 | $300 | 12 August | $300 |
| 17 August | $600 | $0 | — | $900 |
The figures need to be accurate and capable of being explained later. If your records are scattered, use a consistent process for documenting a WA tenancy issue before escalating.
Speak to the tenant, but keep the process in writing
A missed payment may result from a banking error, changed pay cycle or temporary financial problem. A short, neutral message can clarify what happened without giving up the landlord’s right to use the formal process.
A useful first message should:
- state the amount showing as overdue
- identify the date the payment was due
- ask the tenant to check their records
- request a clear payment date
- avoid threats or assumptions
For example:
Our rent ledger shows $900 outstanding as at 19 August. Please check your payment records and let us know today if a transfer is pending or if you believe the balance is incorrect.
If a repayment plan is agreed, record the amount, dates and treatment of ongoing rent in writing. Avoid vague arrangements such as “catch up when you can”. A plan should make it possible for both parties to tell whether it is being followed.
The guide to calm, evidence-friendly tenant emails provides a useful structure for these conversations.
An informal discussion does not replace a prescribed notice if the landlord later relies on the formal breach or termination process.
What is Form 21?
Form 21 is the prescribed Breach Notice for Non-payment of Rent under the Residential Tenancies Act 1987 (WA).
It records:
- the tenant and rented premises
- the current amount of rent arrears
- that non-payment is a breach of the tenancy agreement
- a requirement to pay the outstanding rent within 14 days
- the date, signature and lessor’s contact details
Form 21 is not an eviction notice and does not itself end the tenancy. Its purpose is to give the tenant a formal opportunity to remedy the rent breach.
Use the current official form. Do not turn an email, invoice or adapted Form 20 into a substitute.
Form 20 and Form 21 are not interchangeable
Form 20 deals with breaches other than non-payment of rent, such as certain property-care or agreement issues. Form 21 is specifically for rent arrears.
If the issue is not unpaid rent, read the separate guide to Form 20 breach notices in WA.
Pathway 1: Form 21 followed by Form 1A
This pathway provides a formal opportunity for the tenant to bring the rent up to date before a termination notice is considered.
Step 1: Serve Form 21
Once the rent is overdue and the balance has been verified, complete and serve Form 21. The tenant must be allowed the full 14-day remedy period.
The timing should be calculated from effective service, not simply from the date written at the top of the form. Postal delivery time must be added when a notice is sent by post.
Step 2: Monitor payments and update the ledger
Record every payment received during the remedy period. Confirm receipts neutrally and recalculate the balance.
If the outstanding rent is paid within the Form 21 period, the identified rent breach has been remedied. Do not continue automatically to Form 1A for those paid arrears.
If only part is paid, the landlord should update the ledger and obtain advice if there is uncertainty about the amount, the notice or any repayment agreement.
Step 3: Consider Form 1A only after the 14-day period
If the rent identified in the breach process remains unpaid after the full Form 21 period, Consumer Protection’s current guidance says the landlord may issue Form 1A – Notice of termination for non-payment of rent.
Form 1A:
- is used only where the 14-day rent breach notice was issued first
- gives the tenant at least seven days to vacate
- must not be issued before the Form 21 remedy period has expired
Do not assume that accepting rent after Form 1A automatically cancels the notice. The consequences can differ from the Form 1B pathway, and section 66 of the Act says acceptance of rent does not by itself waive a breach or termination notice. Obtain current advice before deciding whether to continue after receiving a late or partial payment.
Pathway 2: Form 1B without first issuing Form 21
WA law also permits a landlord to issue Form 1B – Notice of termination for non-payment of rent without first serving Form 21.
Form 1B gives at least seven days and has an important payment safeguard. Under section 62(5) of the Act, the landlord cannot apply for termination and possession if the rent due is paid in full before the possession date stated in the notice. If proceedings have begun, they cannot continue where the rent due and the landlord’s court application fee are paid in full at least one day before the hearing.
Consumer Protection also advises that an agreed repayment plan may affect whether the tenant is required to move out.
This route is not simply a faster version of Form 21. It has different cure and court rules. Before choosing between Form 21/Form 1A and Form 1B, consider:
- whether this is an isolated late payment or a continuing pattern
- whether the tenancy may be preserved through a realistic payment plan
- whether the rent ledger is complete and undisputed
- whether any payment has arrived since the balance was calculated
- the legal effect of accepting payment after a notice
- whether professional advice is appropriate
Use the current Consumer Protection guidance on landlords ending a tenancy and the current prescribed forms rather than relying on an old flowchart or saved template.
How to serve a rent notice properly
A correct form can still fail if it is served incorrectly or too late.
Section 85 of the Residential Tenancies Act provides for service methods including personal delivery, post and, with the person’s consent or in prescribed circumstances, electronic service. Consumer Protection’s rental notice guidance explains the practical service process.
Depending on the circumstances, a notice to a tenant may be given to:
- the tenant
- a person who ordinarily pays the rent
- a resident at the premises who is apparently over 16
Where there are multiple tenants, service on one tenant may satisfy the statutory service rule, although the notice should identify the relevant parties correctly.
For every notice, retain:
- a complete signed copy
- the date and time it was served
- the method of service
- the address or email used
- delivery or sending evidence
- the name of the person who served it
- any response from the tenant
If using post, allow the ordinary delivery period in addition to the notice period. Current Consumer Protection guidance says to use ordinary post rather than certified mail and not to place the notice in the tenant’s letterbox yourself.
If relying on email, confirm that electronic service is authorised for that tenancy. A history of casual email communication should not be treated as a substitute for checking the legal service requirements.
What evidence should a landlord retain?
If the matter progresses, a clear evidence bundle is more useful than a large collection of unsorted messages.
Keep:
- the signed tenancy agreement
- the full rent ledger
- bank records supporting the ledger
- receipts issued for rent payments
- the completed Form 21, Form 1A or Form 1B
- proof of when and how each notice was served
- written communications about the arrears
- any repayment plan and evidence of compliance or non-compliance
- an updated balance showing payments received after each notice
- any court application and fee receipt
Keep the original records and prepare a chronological summary rather than editing source documents. If court action becomes necessary, read what evidence the Magistrates Court may consider in a WA tenancy matter.
Common rent-arrears mistakes
Adding fees or interest
Consumer Protection says landlords cannot charge a late fee or interest on overdue rent. Do not inflate the Form 21 balance with a penalty.
Using the bond as a rent account
The security bond is not a substitute for ongoing rent. A landlord should not treat it as an informal arrears fund during the tenancy.
Using Form 20 for unpaid rent
Form 20 is for breaches other than non-payment of rent. Use the rent-specific form and pathway.
Issuing Form 1A too early
The full Form 21 remedy period must expire before Form 1A is issued. Calculate from effective service and allow postal delivery time where applicable.
Relying only on an informal message
A reminder email may resolve the problem, but it is not a prescribed rent notice.
Ignoring a payment or repayment agreement
Update the ledger whenever money is received. A notice based on a stale or overstated balance can undermine the process.
Assuming the notice permits self-help eviction
A landlord cannot change the locks, remove the tenant’s belongings or personally force the tenant out. If the tenant does not vacate, the landlord must use the lawful application process and obtain an order for possession.
Using an old form
Forms and official guidance can change. Download a fresh copy from Consumer Protection for each process.
What happens if the tenant does not leave?
A termination notice does not authorise the landlord to take possession personally.
If the tenant remains after the possession date, the landlord may need to apply to the Magistrates Court for termination and possession. The court will examine whether:
- the correct pathway and form were used
- the arrears were accurately established
- each notice was valid and properly served
- the required periods were allowed
- payments and any repayment agreement were handled correctly
- termination is justified in the circumstances
Court filing requirements, forms and fees should be checked at the time of the application. A procedural error can delay the matter and increase the loss for both parties.
A practical rent-arrears checklist
Before taking the next step, confirm that you have:
- reconciled the rent ledger
- separated rent from other claimed amounts
- checked for pending or misallocated payments
- contacted the tenant calmly
- recorded any repayment plan in writing
- chosen the correct Form 21/Form 1A or Form 1B pathway
- downloaded the current official form
- calculated the notice period from effective service
- retained proof of service
- updated the ledger after every payment
- avoided late fees, lock changes and other self-help action
- sought advice where the amount or process is disputed
The free WA Landlord Compliance Checklist can help keep notices, service records and supporting documents together.
Final note
Rent arrears should be handled promptly, but speed is not a substitute for accuracy.
A defensible process starts with the correct balance, a clear written record, the right prescribed form and full compliance with the notice period. Form 21 can provide a structured opportunity to remedy the breach; Form 1B is a separate pathway with different payment protections. Neither permits a landlord to bypass the lawful possession process.
This article is general information only and does not constitute legal advice. For disputed calculations, repeated arrears, termination decisions or court proceedings, obtain current advice from Consumer Protection WA or an appropriately qualified adviser.