Hardship, expiration, frustration

Hardship

Applications may be made to SACAT to terminate a tenancy on the grounds of hardship (such as changed financial circumstances).  There is no equivalent provision for rooming houses. A similar process is also available to residents and park owners / operators. 

Tenancy expiration, or frustration

If a fixed term tenancy has expired and the landlord has provided notice that the tenancy will not be extended, or if a landlord has provided a notice terminating a periodic tenancy (Form 3 - Notice of termination by landlord)  and the tenant has not vacated, the landlord may apply to SACAT for possession of the property. 

There is a similar process for ending a periodic rooming house agreement. 

If the landlord or tenant claims that a tenancy agreement is no longer viable (such as where a fire has destroyed a substantial part of the premises) then that person may serve a notice to the other party to end the tenancy (in this case, landlords provide a Form 2B - Notice of termination by landlord where agreement frustrated, and tenants a Form 4C - Notice of termination by tenant where agreement frustrated). If the person who receives the notice disputes it, then that person may make an application to SACAT for an order that the tenancy is to continue. 

Residential parks

A similar process is available to residents and owners / operators of residential parks. A park owner / operator can serve a notice of termination to end a periodic agreement or to inform the resident / site owner that the fixed term agreement will not be extended (Form C - Notice of termination - end of agreement). 

A resident can also serve a notice of termination to end a periodic agreeement or to inform the park owner / operator that the resident will not be remaining at the property after the expiry of a fixed term agreement (Form C (1) - Notice of termination end of agreement).

A park owner / operator can serve a notice that an agreement has been frustrated (Form D - Notice of termination - end of agreement) and the resident may do the same (Form B(1) - Notice of termination).