It is a difficult position to be in when you have to address an unauthorised occupant on your land. If it is a tenant who has not vacated after the lease termination, a squatter who entered illegally, or a visitor who lingered beyond their welcome, there are solutions under the law for you to right the wrong. In Australia, property owners can consult the services of Commercial Litigation Lawyers Perth as a legal remedy to evict unauthorised occupants.
In this guide, we’ll explain how eviction works under Australian law, the steps involved, and when it’s best to consult Property litigation lawyers Perth or elsewhere across the country.
An unauthorised occupant is a person occupying a property without legal right. This may be:
Regardless of whether they trespassed onto your property, Australian law is entitled to retake possession by lawful means, not by self-help measures such as locking them out and taking possession of their property, which may attract legal repercussions.
It always works to try to communicate first before taking it to court. A letter of notice or a casual phone call may sometimes fix the problem right away. But if the individual who won’t leave doesn’t want to leave or simply doesn’t care about your requests, it’s now time to consult a Property Disputes Lawyer who handles property disputes.
In the Residential Tenancies Act 1987 (WA), the landlord must first serve a Notice to Vacate before going to court for help. The notice must include:
For unlawful occupiers or trespassers (who were never tenants to begin with), a trespass notice may also be used under property law. If you are not sure what notice to give, this is where Property litigation solicitors may assist in a professional capacity in order to be law-compliant.
If the individual does not vacate after being served the notice, the second step is to make an application to the Magistrates Court of Western Australia for a Possession Order.
You will be required to:
This is a formal legal procedure, and it’s recommended to hire the Best Property Litigation Lawyers Perth to strengthen your application and have a better opportunity for a successful outcome.
Upon filing your application, the court will set a hearing date. During the hearing:
If the court rules in your favour, the Possession Order will order the police or sheriff to evict the occupant if they refuse to vacate on their own.
If the unauthorised occupant fails to leave, the court can issue a Warrant of Possession, which police or a court bailiff enforces. This judicial remedy regained your ownership of the property without taking matters into your own hands. You can consult commercial litigation lawyers Perth for further challenging matters.
Eviction of an illegal tenant is a legal procedure that takes patience, proper documentation, and sometimes litigation. Whether it is an intransigent former renter or a sinister squatter, the law is on your side if you go about it properly.
If you’re facing a complex property dispute, don’t navigate it alone. Reach out to reliable property litigation solicitors or a commercial litigation lawyer Perth to take control of the situation and get your property back, legally and efficiently.