Ending a Periodic Tenancy in South Australia

A periodic tenancy in South Australia — one that rolls from week to week or month to month with no fixed end date — can only be terminated by the landlord on a prescribed statutory ground. The form, the notice period, and the evidence all depend on which ground applies.

The Two Main Routes

Form 7 — Possession grounds, 60 clear days. This covers the four situations where the landlord needs the property back: sale (contract of sale or signed sales agency agreement), owner or family occupation (statutory declaration), demolition (planning consent), or major repairs that require vacant possession (builder's quotes or contracts). A six-month re-letting restriction applies after the tenant vacates.

Form 8 — Conduct and status grounds, 90 clear days. This covers situations where the tenant's behaviour or circumstances justify termination: posing a safety risk to the landlord, agent, or neighbours; threats or intimidation; keeping an unauthorised pet; or having induced the tenancy through false information. No re-letting restriction applies.

Both forms must be accompanied by documentary evidence at the time of service. A notice served without the correct attachment is void.

Breach Is a Separate Process

If the tenant has breached the lease — rent arrears, property damage, unauthorised subletting — the landlord uses a Form 5, not Form 7 or 8. Form 5 gives 7 clear days to remedy the breach (or 7 + 7 for non-rent breaches). This applies to both periodic and fixed-term tenancies.

For drug contamination confirmed by a laboratory report, Form 6 terminates the tenancy immediately.

How a Periodic Tenancy Begins

Many landlords end up with a periodic tenancy without intending to. Under Section 83A of the Residential Tenancies Act 1995, if a fixed-term lease expires and neither party has served a valid termination notice or entered a new fixed-term agreement, the tenancy automatically converts to a periodic tenancy by operation of law. The tenant does not have to sign anything — the conversion is automatic.

This matters because the grounds available to terminate a periodic tenancy differ from those available at the end of a fixed term. Once the tenancy is periodic, the 90-day conduct grounds (Form 8) become available, but the fixed-term Form 9 no longer applies.

What Happens If the Tenant Does Not Leave

If the notice period expires and the tenant remains in the property, the landlord cannot take self-help action. Changing the locks, removing belongings, or disconnecting utilities is prohibited and can carry statutory civil penalties up to $35,000.

The lawful path is to apply to SACAT (South Australian Civil and Administrative Tribunal) for a termination and possession order. The Level 1 application fee is $93.00 on the 2026 schedule. SACAT will review the validity of the notice, the supporting evidence, and whether any statutory defence applies (such as a retaliatory termination claim under Section 90A) before making an order.

If SACAT grants a possession order and the tenant still does not leave, the landlord applies for a Warrant for Possession under Section 99. A bailiff enforces the warrant — the landlord never conducts the physical removal themselves.

Avoiding the Common Traps

Serving a Form 7 without evidence. SACAT will declare the notice void. The evidence — contract of sale, statutory declaration, planning consent, or builder's contract — must be attached at service, not filed later.

Using Form 8 for a situation that requires Form 7. The two forms cover different grounds. A landlord who wants to sell the property cannot use the 90-day conduct notice.

Miscounting clear days. A 60-day notice that is one day short is void. The clear-day count starts the day after service (or deemed receipt for postal service), and the termination date must be the day after the 60th clear day.

The Ending a Tenancy in South Australia guide covers every periodic-tenancy ground in detail, with a form-selection flowchart and a clear-day calculator that accounts for postal delivery allowances.

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