Hardship
Applications may be made to SACAT to terminate a tenancy on the grounds of hardship (such as changed financial circumstances).
A similar process is also available to residents and park owners / operators.
There is no equivalent provision for rooming houses.
Tenancy expiration
The landlord may apply to SACAT for possession of the property if:
- a fixed term tenancy has expired and the landlord has provided notice that the tenancy will not be extended
- a landlord has provided a notice terminating a periodic tenancy (Form 3 - Notice of termination by landlord) and the tenant has not vacated.
There is a similar process for ending a periodic rooming house agreement.
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 agreement 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).
Agreement frustrated
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
- tenants provide a Form 4C - Notice of termination by tenant where agreement frustrated.
If the person who receives the notice disputes it they can make an application to SACAT for an order that the tenancy is to continue.
A similar process is available to residents and owners / operators of residential parks.
- a park owner / operator can serve a notice that an agreement has been frustrated (Form D - Notice of termination - end of agreement).
- the resident may do the same (Form B(1) - Notice of termination).
Apply to SACAT
All applications to SACAT are made online. You can use a computer, tablet or smart phone.
The application form will prompt you for the information we need.
If you make a SACAT Online Services account, you can return to your application at any time to provide more information or documents before submitting it.
If you are unable to complete the form online, you can contact the Tribunal for assistance on 1800 723 767 and a staff member may assist you complete the form by telephone.
You can also visit SACAT’s offices at Level 4 or 7, 100 Pirie Street, and use a computer at one of SACAT’s public kiosks where staff may also provide assistance.
