Prescribed Evidence for Tenancy Termination Notices in South Australia

Why Evidence Matters Now

Since 1 July 2024, every termination notice in South Australia must cite a prescribed statutory ground. But naming the ground is only half the requirement. The Residential Tenancies Regulations 2025 mandate that the landlord attach specific documentary evidence at the time of service. A notice served without its required attachments is void — SACAT will dismiss any subsequent application for possession, and the landlord forfeits the $93 filing fee (or $69 for concession holders).

This is the single most common reason notices fail at SACAT. Landlords serve the correct form, cite the right section, calculate the days properly — and then forget to attach the statutory declaration or the sale contract.

Evidence Requirements by Ground

Sale of Property (Form 7 or Form 9)

Two possible triggers, each with different evidence:

Contract of sale requiring vacant possession: Attach a copy of the executed, signed contract of sale between vendor and purchaser. You can redact confidential financial terms (sale price, finance conditions), but the signatures, property address, and contract date must be legible.

Sales agency agreement (available since 1 September 2025): Attach a copy of the signed, dated sales agency agreement with a registered land agent. The agent must be registered with CBS — an informal arrangement with someone who is not a licensed agent does not satisfy the regulation. Merely listing the property on a portal or placing a "for sale" sign without a signed agency agreement is insufficient.

Owner or Family Occupation (Form 7 or Form 9)

Attach a witnessed statutory declaration confirming:

• The identity of the person who will occupy the premises (landlord, spouse, child, parent, or spouse's child/parent)
• That the named person genuinely intends to occupy the property as their principal residence for a continuous period

The declaration must be signed before an authorised witness (a justice of the peace, commissioner for taking affidavits, or legal practitioner). An unwitnessed declaration, or one that names a person outside the qualifying family members, invalidates the notice.

Demolition (Form 7 or Form 9)

Attach one of:

• Planning or development approval from PlanSA or the local council
• A signed contract with a licensed demolition contractor showing scope and timeline

Major Repairs or Renovations (Form 7 or Form 9)

Attach:

• Executed contracts or binding quotes from licensed tradespeople specifying the work, timeline, and explanation of why the premises must be vacant
• Any required council or PlanSA approvals
• Photographs of the current condition where the need for work is not obvious from the description alone

Tenant Breach — Rent Arrears (Form 5)

Attach a detailed arrears calculation ledger showing:

• The date each rent payment was due
• The amount due
• Any payments received and their dates
• The running balance confirming rent is at least 14 full days overdue

A vague statement that "rent is overdue" without the calculation is not sufficient.

Tenant Breach — Non-Rent (Form 5)

Attach evidence of the specific breach:

• Photographs of property damage
• Repair invoices or quotes
• Water billing records for unpaid water charges
• Written records of unauthorised subletting or other lease violations

Drug Contamination (Form 6)

Attach a certified laboratory test report conducted under section 67B confirming contamination.

Frustrated Agreement / Uninhabitable (Form 10)

Attach emergency services reports, insurer assessments, or a government compulsory acquisition order, depending on the specific circumstance.

The Timing Rule

Evidence must exist and be attached at the moment of service. You cannot:

• Serve the notice now and send the statutory declaration later
• Promise SACAT that the building contract is "being finalised"
• Attach a draft contract of sale that has not been executed

If your evidence is not ready, your notice is not ready. Wait until the documentation is complete, then serve.

What Happens When Evidence Is Missing

SACAT scrutinises notices for technical compliance. If the mandatory evidence was not attached at service, the Tribunal declares the notice invalid. The landlord must formally withdraw the defective notice and serve a fresh one with all required attachments — restarting the full notice period from day zero.

For a ground-by-ground walkthrough of every form, every evidence requirement, and step-by-step clear-day calculations, see the Ending a Tenancy in South Australia guide.

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