Tenant ending the tenancy
A tenant may end their Housing SA tenancy when they provide at least 14 day's written notice to Housing SA or when they receive a final intervention order prohibiting them from living in their Housing SA property.
Housing SA ending the tenancy
Housing SA may end a tenancy if:
- the lease agreement comes to an end
- the tenant breaches the conditions of their tenancy and Housing SA issues a notice of termination
- the tenant doesn't leave the property after receiving a final intervention order prohibiting them from living at the property
- the South Australian Civil and Administrative Tribunal (SACAT) terminates a tenancy and/or makes an order for possession
Housing SA will give the tenant a notice to remedy breach and termination first and then, if necessary, apply to the South Australian Civil and Administrative Tribunal(SACAT) for an order for possession.
Housing SA or another interested party may also apply to end a tenancy if the tenant's conduct is unacceptable, such that it interferes with the reasonable peace, comfort or privacy of another person residing in the immediate vicinity, it is a nuisance or it is illegal [see ss 71 and 90]. See Unacceptable conduct by a tenant.
More information on ending a tenancy is available from Housing SA (see the SA Gov- Ending a Public Housing Tenancy website).
See also the Housing Trust policies on the South Australian Department of Human Services website, in particular the policies on disruptive behaviour and ending a public housing tenancy.
Abandoned Goods after ending a tenancy
Where a tenancy has ended and the tenant has abandoned goods left on the Housing SA property, Housing SA can, at least 2 days after taking possession of the premises:
- remove, destroy or dispose of the items if they are perishable, have been left on the property in an insanitary or hazardous condition, or where their value is less than the cost of storage or removal; or
- in any other case, store the goods in a safe place and manner for at least 60 days.
See South Australian Housing Trust Regulations 2010 (SA) regulation 11(1).
Housing SA must also provide notice to the tenant within 7 days of storing their goods in a method and form prescribed by regulation [reg 11(2)].
Housing SA is entitled to recover from the tenant the reasonable costs of storing and/or removing the goods, as well as any other reasonable costs incurred by having the goods left on the property [reg 11(4)].
See also the Housing SA Abandoned Premises and Goods Policy.
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.