Eviction from a private tenancy when the property is damaged by a third party
If a tenancy is otherwise current (rent up to date, no notices issued etc) and a third party damages the property - in this case driving a car into it, cracking the outer brick wall but not damaging the inner wall - can a landlord prematurely terminate a fixed term tenancy with the reason that they need to effect repairs? The tenant disputes that the house needs to be vacated in order to replace the bricks in the outer skin of one wall in one room - a room which is not regularly used and which she is happy to cordon off till repairs are effected. No independent report has been commissioned to support the landlord's contention that early termination is necessary.
Hi,
Your first step should be to check what your lease agreement says. It should detail very specific circumstances and processes for terminating the lease. As you suggest, cosmetic repairs to the outside of the building shouldn’t qualify as a termination event.
Then have a look at the Residential Tenancies Act 1987 (WA). Section 60(a) specifies that the landlord cannot terminate the tenancy without first giving you an official notice of termination. Under s61 the termination notice has to specify on what grounds (if any) they wish to terminate the lease. Once that termination notice has expired, if you refuse to vacate the premises then the landlord would have to go to the Magistrates Court and apply for a court order to evict you. The circumstances you describe would not warrant such an order, and the application would fail.
Although you mention that the damage was caused by a third party, section 50 of the Act means that if the driver was on the premises with your permission you are vicariously liable for any breach of the lease committed by them (i.e. the law would treat it as if you caused the damage). If the damage is minor cosmetic damage this would still not allow the landlord to terminate the lease, but may mean that you have some responsibility for the cost of repairs.
Suggested way forward
I suggest you insist the landlord provide an expert report to support their contention that the lease must be terminated to allow repairs. After all, the damage may be worse than it looks, and your safety is of paramount importance. Subject to that, I suggest that you inform the landlord that you do not agree to terminate the lease. If the landlord serves a termination notice on you, it would be worth seeking formal legal advice at that point.
Good luck!
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