Demolition and Major Renovation Notice in South Australia — Landlord Requirements

When Demolition or Major Renovations Justify Termination

Section 81(1)(c) and 81(1)(d) of the Residential Tenancies Act 1995 give landlords two grounds for ending a periodic tenancy when the property needs significant physical work:

• Demolition — the landlord requires vacant possession to demolish the dwelling entirely
• Major repairs or renovations — the work is so extensive that it cannot be carried out safely or conveniently while the tenant remains in occupation

Routine maintenance, cosmetic upgrades, or repairs that a tenant can live around do not qualify. SACAT expects the landlord to demonstrate that the scope of work genuinely requires the premises to be vacant — replacing a kitchen while the tenant uses other rooms is not the same as gutting the building back to framing.

These grounds apply only to periodic tenancies via Form 7. For fixed-term tenancies, the equivalent prescribed ground under Regulation 25 uses Form 9, with the same 60-day notice period and the same evidence requirements.

The Evidence You Must Attach

A Form 7 notice citing demolition or major repairs is invalid without supporting documentation served alongside the notice. The Residential Tenancies Regulations 2025 require:

For demolition:

• A copy of the relevant planning or development approval from PlanSA or the local council, or
• A signed, dated contract with a licensed demolition contractor detailing the scope and timeline

For major repairs or renovations:

• Executed contracts or binding quotes from licensed tradespeople specifying the work scope, timeline, and why the premises must be vacant
• Any required council or PlanSA building approvals
• Photographs documenting the current condition where the need for work is not self-evident

The evidence must be attached when the notice is served. You cannot serve the notice first and supply the evidence later — a notice served without mandatory attachments is void, and you must start the process from scratch with a fresh notice.

Notice Period and Clear Days

The statutory notice period is 60 clear days. "Clear days" under section 3(3) means:

1. Day 0 — the day the tenant receives the notice (excluded from the count)
2. Days 1–60 — counting begins the day after service
3. Day 61 — the earliest date you can specify as the termination date

If serving by post, add Australia Post delivery allowances (2–4 business days within South Australia) before day 0. A notice served by standard post on a Monday might not be deemed received until Wednesday or Thursday — and the 60-day clock starts the day after that.

The 6-Month Re-Letting Ban

Both demolition and major renovation grounds trigger the statutory re-letting restriction under section 81. For six months after the date of termination (when the tenant delivers vacant possession), the landlord cannot grant a new residential tenancy to a third party, subject to the designated-family exception where it applies.

Since 15 January 2026, the six-month window is calculated from the termination date, not the notice service date. Advertising the property for lease, or entering a new tenancy agreement during the restriction window, is a statutory offence.

For early re-letting to a third party outside the designated-family exception, apply to SACAT for approval based on exceptional, unforeseen circumstances (such as sudden financial hardship or a medical emergency requiring the property income).

Common Mistakes

• Serving before you have the required evidence. A demolition notice needs planning or development approval, or a signed demolition contract showing the scope and timeline; the contract is an alternative to approval.
• Claiming renovations that do not require vacancy. Painting, new carpet, or replacing appliances while the tenant can use other rooms does not meet the statutory threshold. SACAT will dismiss these.
• Forgetting the re-letting restriction. A landlord who demolishes and rebuilds, then leases the new dwelling within six months of the original tenant vacating, breaches the re-letting ban — even though the new property is physically different.

For the complete Form 7 process, evidence requirements for every prescribed ground, and the SACAT enforcement pathway if the tenant holds over, see the Ending a Tenancy in South Australia guide.

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