From 1 July 2024, new provisions in the Residential Tenancies Act 1995 (SA) seek to ensure that a landlord is genuine, and not retaliatory, in their reasons for terminating a tenancy. A tenant may apply to SACAT for a declaration that a landlord's termination notice has no effect or refusing a landlord's application for termination if it is retaliatory in nature [s 90A(1)]. SACAT may find that the notice or application is retaliatory in nature if satisfied that the landlord was partly motivated to terminate because the tenant proposed to enforce a right under the tenancy or apply to SACAT for an order [s 90A(3)].
Where there is a breach by the tenant
A landlord can seek to terminate either a fixed term tenancy or a periodic tenancy by written notice if the tenant breaches the agreement [Residential Tenancies Act 1995 (SA) s 80]. After receiving a notice of termination and before giving vacant possession to the landlord, the tenant may apply to the South Australian Civil and Administrative Tribunal to have a tenancy reinstated if the breach has been remedied or if the tenant does not believe that they have breached the agreement [s 80(4)]. A landlord may also apply to SACAT to terminate a tenancy where the tenant has breached the agreement and the breach is sufficiently serious to justify termination of the tenancy, such as where the breach is not able able to be remedied (fixed) [s 87(1)] or where the tenant has failed to pay rent and there have been repeated breach notices in relation to unpaid rent (i.e. at least 2 previous occasions within the last 12 months) [s 87(1a)].
If the tenant or a domestic associate of a tenant who normally or regularly resides in the premises has been subjected to domestic abuse and the breach (or prescribed reason listed below) was caused by an act of a person subjected them to domestic abuse, then the tenant may apply for an order that the notice of termination is invalid [s 90B(1)]. This application must be made within 30 days of the notice of termination [s 90B(2)].
For more information, please refer to Breach of tenancy.
Where there is drug contamination
A landlord may terminate a tenancy if they become aware that the tenant or another person has engaged in drug related conduct at the premises or property and testing under s 67B has confirmed that the premises or property are contaminated as a result of the conduct [s 80A].
Where the sole tenant dies
A tenancy terminates 30 days after the death of a sole tenant or such earlier time as may be given by notice, agreed, ordered by SACAT or given by vacant possession [s 79B].
Where the premises are destroyed or uninhabitable
A landlord may immediately terminate a tenancy (using Form 10) where the premises or a substantial portion of the premises [s 86B]:
A landlord must provide 60 days notice if the premises have been acquired by a compulsory process.
Where there is a prescribed reason or possession is required
Fixed tenancies - prescribed reason
A tenant who has a tenancy for a fixed term has the advantage of secure tenure of the premises for the period of the term. The tenant can generally only be required to leave before the end of the term if they have breached a term of the lease.
From 1 July 2024, a landlord may only terminate a tenancy at the end of a fixed term for a reason prescribed by the regulations [s 83A an reg 16]. At least 60 days notice (using Form 9) must be given [reg14].
Regulation 16 sets out the following reasons for terminating a tenancy at the end of a fixed term:
If a landlord or their agent terminates a tenancy on a ground prescribed by regulation (demolition, renovation, own or family’s occupation or contract of sale), there are some evidence requirements that apply and they are prohibited from re-letting the premises for use primarily as a residence before the end of a 6 month period [s 91A and reg 19E]. For more information about the evidence that must accompany the notice of termination, please refer to CBS' Evidence requirements for termination (PDF, 145KB).
Periodic tenancies - prescribed reason
From 1 July 2024, a landlord can only end a periodic tenancy for a reason prescribed by the regulations [s 83 and Residential Tenancies Regulations 2010 (SA) reg 15]. At least 90 days notice (using Form 3) must be given [ss 83(1) and (3)].
Regulation 15 sets out the following reasons for terminating a periodic tenancy:
Periodic tenancies - possession required
There are certain specific situations where a landlord can terminate a periodic tenancy (but not a fixed term tenancy) by giving only 60 days notice (using Form 3):
See Residential Tenancies Act 1995 (SA) ss 81(1),(2). A landlord who recovers possession under the above circumstances must provide evidence and must not grant a fresh tenancy without the SACAT's consent within 6 months of recovering possession [s 81(4)]. For more information about the evidence that must accompany the notice of termination, please refer to CBS' Evidence requirements for termination (PDF, 145KB).
A tenant may give up possession of the premises prior to the end of the notice period, and will not be liable for more than 7 days rent following notice of their intention to give up the premises early [s 81(2a)].
Where there is domestic abuse
A landlord can apply to SACAT to terminate a tenancy if there is an intervention order in force against a tenant for the protection of a person who normally resides in the premises or the tenant has committed domestic abuse against a person who normally resides at the premises [s 89A]. However, SACAT may make a range of orders upon this application, including that the landlord enter into a new tenancy with a co-tenant or another person who normally resides at the premises for whose protection an intervention order is in force or against whom domestic abuse was committed. For more information, please refer to Intervention orders and tenancy agreements.
Where there is undue hardship
A landlord can apply to SACAT to end an agreement if the continuation of the residential tenancy agreement would result in undue hardship [Residential Tenancies Act 1995 (SA) s 89]. SACAT may also make an order compensating the tenant for loss and inconvenience resulting, or likely to result, from the early termination of the tenancy.
Order for vacant possession
If a landlord terminates an agreement and the tenant does not leave as required the landlord cannot evict the tenant but can apply to the SACAT for an order of vacant possession of the premises [Residential Tenancies Act 1995 (SA) s 93]. If the SACAT grants the order it is enforced by a bailiff as soon as possible [s 99].
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
.png)
.jpg)
.jpg)
.jpg)
Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
.png)
.png)
