From 1 July 2024, a number of changes were made to the Residential Tenancies Act 1995 (SA) to increase protections for tenants and families subjected to domestic abuse. This includes:
- the ability to change locks where an intervention order is in place (this is an exception to the landlord's obligation to provide and maintain locks),
- the ability of the tenant to terminate a tenancy agreement by notice immediately where they are being subjected to domestic abuse or with 7 days notice when they need to go into crisis accommodation,
- allowing someone who normally or regularly resides at the premises to apply to SACAT to replace the tenancy agreement with an agreement with them (as set out below), and
- preventing the landlord terminating a tenancy for a breach or prescribed reason caused by the person subjecting the tenant and their family to domestic abuse.
For more information, please refer to CBS' Domestic abuse: Protection for tenants (PDF, 304 KB).
Where an intervention order has been issued by the Court or domestic abuse has occurred, a tenant may either terminate the tenancy by notice or by application to SACAT. For more information on the tenant terminating by notice for this reason, please refer to Tenant terminating a tenancy.
A tenant or landlord may also apply to the South Australian Civil and Administrative Tribunal to terminate a residential tenancy agreement for this reason.
If the landlord applies for termination under section 89A(2), then a person who normally or regularly resides at the premises for whose protection an intervention order is in force or against whom domestic abuse has been committed becomes a party to the proceedings [Residential Tenancies Act 1995 (SA) s 89A(3)]. When a landlord makes this application, then at the application of a party to the proceedings, SACAT may require the landlord to replace the agreement by entering into a new residential tenancy agreement for the remainder of the term with a co-tenant or a person who normally or regularly resides at the premises and is subjected to the abuse.
As a result, victims of domestic abuse may be able to:
1. remain in the tenancy (without the alleged abuser); OR
2. have the tenancy terminated so they can leave without being adversely affected financially or otherwise (e.g. see Residential Tenancy Databases – Terminations based on domestic violence for details about tenancy database issues).
A process to remain in the tenancy is also available to non-domestic abuse victims who may choose to apply for tenancy orders in the Magistrates Court as part of their application for an Intervention Order [see What can be ordered? Tenancy Orders].
Remaining in rental premises will require the existing agreement to be replaced. SACAT has the power in these cases to remove the alleged perpetrator from the lease [see Residential Tenancies Act 1995 (SA) s 89A(4)(a)]. Before making such an order SACAT must be satisfied that the tenant/co-tenants under the new agreement are able to reasonably comply with the new agreement [s 89A(6)(a)].
Choosing to leave rental premises will require the existing agreement to be terminated and SACAT has the power to do this under section 89A(1) of the Residential Tenancies Act 1995 (SA).
In either instance SACAT must be satisfied that an intervention order is in force against a person residing at the premises for the protection of either the tenant or a domestic associate of the tenant. In the absence of an intervention order SACAT can terminate or replace a residential tenancy agreement if satisfied that a person residing at the residential premises has committed domestic abuse against either the tenant or a domestic associate of the tenant.
The relationship of domestic associate covers many relationships. People are domestic associates if:
See Residential Tenancies Act 1995 (SA) s 3.
Liability for damage
Where a residential tenancy is terminated because of an intervention order or due to domestic abuse and SACAT finds that not all co-tenants under the lease are responsible for damage caused to the premises, SACAT may make an order for payment of compensation against those co-tenant(s) responsible [s 89A(11)].
Compensation for landlord
SACAT also has the power to make an order for compensation to a landlord for loss and inconvenience where termination of a residential tenancy agreement has been because of an intervention order [s 89A(10)].
Bond
Under section 89A(12), where an order has been made for payment for damage or compensation under section 89A(10) and/or 89A(11), SACAT may also make orders for payment of the bond to the landlord and any co-tenant who has been found not liable. A liable co-tenant may be required to pay any remaining amount of bond that is payable to the landlord.
For more information on a range of domestic abuse protections, please refer to CBS' Domestic abuse: protections for tenants (PDF, 304 KB).
If you are in fear of, or being subjected to, domestic abuse:
In an emergency contact: 000
For police attendance call: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732.
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