A breach means that a person who signed an agreement has not done what they agreed to do - or the law has been broken.

Simple breaches

Before bringing a dispute to SACAT, tenants and landlords should first provide a notice to the other party asking them to correct the breach.

This process works for the following scenarios:

  • tenants failing to pay rent, failing to pay outstanding water invoices, failing to provide access to the landlord
  • landlords failing to repair defects or provide proper locks.

If the person does not remedy the breach within the time permitted, the other person may apply to SACAT to end the agreement.

Serious breaches

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.

This can occur if:

  • a tenant has used the rental property for an illegal purpose
  • what happens at the property interferes with the peace, comfort or privacy of other people.

The person making the application must provide strong evidence to SACAT to demonstrate that an eviction is necessary.

Ending a residential tenancy

A landlord, South Australia Police or ‘interested person’ (who might be a neighbour) can 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)
  • 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
  • has caused physical injury to the landlord, agent or someone else in the vicinity of the property - or is likely to do so.

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.

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.