After a hearing, the tribunal member will generally make a decision. That decision will be recorded in a Tribunal order.

Alternatively, if the dispute was dealt with by a conciliation conference and the parties were able to agree an outcome, that outcome will also be recorded in a Tribunal order.

An order is a legally enforceable direction of SACAT for a person to do something. All SACAT orders for housing disputes are enforceable.

Eviction orders

If SACAT has made an order that a tenant or resident is to 'give up' possession of a property or room (that is, to vacate), then that order can be enforced by a SACAT Bailiff.

Only a Bailiff has the power to evict a tenant/resident.

If SACAT has made an order for a tenant/resident to vacate and they have not vacated, the landlord (or agent)/proprietor should contact SACAT in writing to request a Bailiff to evict the tenant or resident.

The Bailiff will then contact the landlord (or agent)/proprietor and make the necessary arrangements.

This occurs if SACAT has made an order which requires the tenant to make a payment, and states that if the payment is not made, then the tenant must vacate on the following day.

If the tenant fails to make the payment and fails to move out, then the landlord/agent must lodge a statutory declaration about the missed payment and an up-to-date rent record with a written request for the Bailiff to attend.

The Bailiff will then contact the landlord or proprietor and make the necessary arrangements.

Follow this link for a statutory declaration form.

Bond payment orders

You do not need to do anything if SACAT makes an order that the bond is to be paid out to:

  • the landlord only
  • the tenant or South Australian Housing Trust only
  • partly to the landlord and partly to the tenant or South Australian Housing Trust.

Once SACAT has made the order, the Bonds section of Consumer and Business Services will automatically be notified and pay out the bond in accordance with the SACAT order.

Orders for payment of money

If SACAT makes an order that one person is to pay money to another person - and the payment is not made - the person to whom it is owed may apply to the Magistrates Court (or a court with appropriate jurisdiction), to enforce that order.

The amount specified in the order may be recovered in the appropriate court as if it were a debt and a claim is required to be lodged.

Contact the Magistrates Court to obtain further details about the process.

Other Tribunal orders

SACAT may make other orders – for example:

  • the landlord is to carry out repairs within a certain time
  • the tenant is to remedy a failure to pay rent by making payments towards the arrears.

In any of these cases the order should state what the consequences will be if the person who is required to do something, fails to do it.

Generally, the consequence will be that the other party can contact the Tribunal and request a further hearing.