Serious breaches

– ending a tenancy

Where tenants are disruptive, an application can be made by landlords, or neighbours who are affected by what happens at the property, to end a residential tenancy agreement. For example, this can occur if a tenant has used the rental property for an illegal purpose or if what happens at the property interferes with the peace, comfort or privacy of other people. The person who makes the application must provide strong evidence to SACAT to demonstrate that an eviction is necessary. See also providing documents to SACAT.

Residential tenancies and rooming houses     

A landlord, South Australia Police or ‘interested person’ (who might be a neighbour) may make an application to SACAT for an order to terminate a tenancy because a tenant has used a property for an illegal purpose (such as the manufacture of illegal drugs) or because the tenant’s conduct is unreasonably interfering with the neighbours’ enjoyment of their property.

A landlord may also make an urgent application to SACAT for an order to terminate the tenancy because the tenant is in serious breach of their tenancy (such as significant rent arrears), has caused serious damage to the property or is likely to do so, or because the tenant has caused physical injury to the landlord, agent or someone else in the vicinity of the property or is likely to do so.

Rooming houses

A similar process is open to rooming house proprietors.

Residential parks  

A similar process is also available to residents and owners/operators of residential parks. A Form E - Notice of exclusion will usually be served on the resident by the Park owner or operator. There is a different notice for serious acts of violence: Form E(1) - Notice of exclusion - serious acts of violence.

See also retirement village disputes.