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Which legislation applies

While most conditions for Housing SA tenancies are governed by the South Australian Housing Trust Act 1995 (SA), some sections of the Residential Tenancies Act 1995 (SA) also apply. These sections specifically relate to matters such as quiet enjoyment of premises, security of premises, conduct by the tenant and termination and eviction by the landlord.

The relevant sections of the Residential Tenancies Act 1995 (SA) that apply to Housing SA tenants are:

  • how the Tribunal hears and mediates disputes [Pt 3 and Pt 8, Div 3 and 4]
  • quiet enjoyment by the tenant [s 65]
  • relating to locks and security of premises [s 66]
  • behaviour of tenants, see: unacceptable conduct by a tenant [ss 71 and 90]
  • termination of tenancy on application by landlord (for serious breach including repeated failure to pay rent) [s 87]
  • termination of tenancy based on domestic abuse, see Intervention orders and terminating a Housing SA tenancy [s 87A]
  • dealing possession orders and the enforcement of those orders [ss 93 and 99]

Most importantly, where problems and disputes arise, matters are heard by the South Australian Civil and Administrative Tribunal (SACAT).

See Resolving tenancy disputes.

Which legislation applies  :  Last Revised: Mon Jul 2nd 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.