Ending a Fixed-Term Tenancy in South Australia

A fixed-term tenancy in South Australia does not end automatically when the term expires. Under Section 83A of the Residential Tenancies Act 1995, the landlord must serve a Form 9 at least 60 clear days before the end date, citing a Regulation 25 prescribed ground and attaching documentary evidence. If neither party serves a notice and no new fixed-term agreement is signed, the tenancy converts to a periodic tenancy by operation of law.

The Form 9 Process

Form 9 is the only notice form for ending a fixed-term tenancy at expiry. It must cite a specific ground from the Residential Tenancies Regulations 2025, Schedule — Regulation 25, which mirrors the possession grounds available for periodic tenancies:

• Sale of property — attach a signed contract of sale or (since 1 September 2025) a signed sales agency agreement
• Owner or family occupation — attach a witnessed statutory declaration identifying the qualifying person
• Demolition — attach planning or building consent and an executed builder's contract
• Major repairs or renovations — attach tradesperson quotes or contracts showing the work requires vacant possession

The 60-day notice period is measured in clear calendar days. Day 0 is the day the tenant receives the notice; counting starts on Day 1 (the next calendar day), and the fixed-term end date must fall on or after the day following the 60th clear day.

This means for a 12-month lease ending on 30 June, the Form 9 must reach the tenant no later than 30 April (allowing for the clear-day count and any postal delivery allowance). In practice, serve several days earlier to build in margin for postal delays.

What You Cannot Do Mid-Term

A fixed-term lease cannot be terminated mid-term on a possession ground. If you sign a contract of sale in month four of a 12-month lease, you cannot serve a Form 9 requiring the tenant to leave before the term expires. The notice can only take effect at or after the end date.

The 90-day conduct grounds (Form 8 for periodic tenancies) are also not available during a fixed term. If a tenant is keeping an unauthorised pet or has provided false information, there is no Form 8 equivalent for a fixed-term tenancy.

The options available mid-term are:

• Breach (Form 5) — if the conduct constitutes a lease breach (rent arrears, property damage, unauthorised subletting), with 7 clear days to remedy
• Drug contamination (Form 6) — immediate termination, requires certified laboratory report
• Agreement frustrated (Form 10) — immediate termination if the premises are destroyed, or 60 days for compulsory acquisition
• Serious damage or personal injury (Sections 87–88) — direct application to SACAT, no notice required
• Undue hardship (Section 89) — direct SACAT application, where continuing the tenancy would cause the landlord severe financial or personal hardship

If No Notice Is Served

If the fixed-term end date passes without either party having served notice and without a new fixed-term agreement being signed, the tenancy automatically becomes a periodic tenancy. From that point, the rules for periodic tenancies apply: the landlord's termination options expand to include Form 7 (60 days, possession grounds) and Form 8 (90 days, conduct grounds), but the process resets — any notice period starts fresh from the date of service.

Many landlords discover this only after the conversion has already happened. If you intend to end the tenancy at expiry, calendar the Form 9 service deadline at least 70 days before the end date to allow for postal delivery and any administrative delay.

The Re-Letting Restriction

After terminating a fixed-term tenancy at expiry using a possession ground (sale, owner move-in, demolition, or major repairs), the same six-month re-letting ban applies as for periodic tenancies. The landlord cannot grant a new residential tenancy within six months of the date vacant possession is delivered, unless SACAT grants an exemption for exceptional circumstances.

The Ending a Tenancy in South Australia guide covers the complete Form 9 process, with the Regulation 25 evidence requirements, a termination planner for working backwards from the fixed-term end date, and a clear-day calculator.

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