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Enforcing SACAT tenancy orders

Where SACAT has made a decision in relation to a tenancy matter, or where the parties have reached an agreement through SACAT conciliation and that agreement is recorded in a SACAT order, such orders will be enforceable. The process to enforce an order will vary depending on the type of order that was made.

A SACAT order for vacant possession

Where an order for vacant possession of a property (or room) has been made by SACAT, and the tenant has not complied, the landlord or proprietor can seek to enforce the order through using the SACAT Bailiff [Residential Tenancies Act 1995 (SA) s 99]. An affected landlord/proprietor should contact SACAT in writing to request that the Bailiff attend the premises to evict the tenant.

Where an order for possession was made as well as an order requiring a tenant to make payment of owed rent, and the tenant has not complied with either order, the landlord/proprietor can seek enforcement through the Bailiff and should provide to the Tribunal a statutory declaration outlining the payment owed along with a copy of the rent record to date.

A copy of the statutory declaration that should be completed in these circumstances can be obtained from the SACAT website.

A SACAT order for payment of a bond

Where SACAT has made an order that a bond be paid (whether to a landlord, a tenant, Housing SA, or a combination), then the Bonds section of Consumer and Business Services will make arrangement for the bond to be paid. Any queries relating to the payment of the bond should be directed to Bonds Section on 131 882.

A SACAT order for payment of a sum

Where SACAT has made an order for payment of a sum (for example, where unpaid rent is ordered to be paid from a tenant to a landlord) [see s 110(1)(c)] and the order is not complied with, the affected party can make an application to enforce the order through a Court, usually the Magistrates Court.

The amount owed pursuant to the SACAT order can be recovered as if it were a debt. A claim must be lodged (with the Minor Civil Claim division of the Magistrates Court, if the debt is $12 000 or less) in order to enforce the SACAT order. [Uniform Civil Rules 2020 (SA) r 245.10]

No pre-action notice is required. [r 333.2(3)(d)]

A claim must be instituted by filing a Form 1 or Form 1S prescribed form. The claim must identify the total amount owed [r 67.5(4) for Magistrates Court claims]. The applicant must, when filing a Claim, identify the Court location at which they request that the proceeding be heard, either close to where the claim arose or where the respondent lives. [r 63.1 (8)]. Claim lodgement fees and enforcement fees apply. In the event a person is successful in enforcing the order, they may seek to add the enforcement costs to the total amount sought.

Other SACAT orders

Where SACAT has made other orders (for example, an order for a landlord to undergo specific maintenance work), the SACAT order should specify the steps the person needs to take if the order is not complied with, or may make an order that something specific happens following non compliance [see s 111]. In most instances this will involve the affected party seeking further hearing at the Tribunal.

Enforcing SACAT tenancy orders  :  Last Revised: Fri May 15th 2020
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