$0 South Australia Ending a Tenancy Checklist

Prescribed Grounds to End a Tenancy in South Australia

Since 1 July 2024, South Australia has no "no-cause" or "no-reason" termination. The Residential Tenancies (Miscellaneous) Amendment Act 2023 abolished it for both periodic and fixed-term tenancies, and any notice served without a prescribed ground is legally void.

For ordinary residential tenancies, these are the main landlord grounds and pathways, sorted by the form and notice period each one requires. Different rules apply to rooming houses, public or community housing, student accommodation, and employment accommodation.

Possession Grounds — Form 7 (Periodic) or Form 9 (Fixed-Term), 60 Days

These grounds require the landlord to prove they need vacant possession of the property. A six-month re-letting ban applies after the tenant moves out.

Sale of property. The landlord has a signed contract of sale requiring vacant possession, or (since 1 September 2025) a signed sales agency agreement with a registered land agent. Merely listing the property or placing a "for sale" sign is not enough.

Owner or family occupation. The landlord, their spouse, child, parent, or the spouse of their child or parent intends to move in as their principal residence. Requires a witnessed statutory declaration.

Demolition. The landlord has planning or building consent (PlanSA approval) and an executed contract with a licensed builder.

Major repairs or renovations. The work cannot be done conveniently while the tenant remains. Requires tradesperson quotes or contracts, photographs, and a written explanation of why vacant possession is needed.

Conduct and Status Grounds — Form 8 (Periodic Only), 90 Days

These grounds address the tenant's behaviour or circumstances. There is no re-letting restriction.

Safety risk or threats. The tenant poses a serious risk to the safety of the landlord, agent, or neighbours, or has threatened or intimidated them. Evidence: incident logs, police reports, witness statements.

Unauthorised pet. The tenant is keeping an animal without the required approval under the 2024 pet provisions.

False information. The tenant induced the tenancy through false representation of identity or employment on the application.

Breach Grounds — Form 5 (Both Tenancy Types), 7 Days

Rent arrears. Rent must be at least 14 full days overdue before a Form 5 can be issued. The notice gives 7 clear days to remedy. If the tenant pays in full within those 7 days, the notice is spent and cannot be relied upon. If they do not, the tenancy terminates automatically (though the tenant can apply to SACAT to preserve it).

Non-rent breach. The tenant has breached another condition of the lease — property damage, unauthorised subletting, failure to pay water rates. The notice gives 7 clear days to remedy the breach, then 7 clear days to vacate if the breach continues.

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Immediate or Direct-Application Grounds

Drug contamination (Form 6, immediate). The premises are contaminated following drug-related conduct, confirmed by a certified laboratory report under Section 67B.

Premises destroyed or compulsorily acquired (Form 10, immediate or 60 days). The property has been rendered uninhabitable by fire, flood, or other event, or has been compulsorily acquired by a government authority.

Serious damage or personal injury (direct SACAT application, no notice). Under Sections 87 and 88, where a tenant has intentionally or negligently caused serious damage or risk of personal injury, the landlord applies directly to SACAT without serving a termination notice.

Undue hardship (direct SACAT application, no notice). Under Section 89, the landlord would suffer severe, exceptional financial or personal hardship if the tenancy continues. SACAT determines the effective date and may award the tenant compensation.

What About Fixed-Term Tenancies?

A fixed-term tenancy does not end automatically when the term expires. Under Section 83A, the landlord must serve a Form 9 at least 60 clear days before the end date, citing a Regulation 25 prescribed ground (which mirrors the possession grounds above — sale, owner move-in, demolition, major repairs). If no notice is served, the tenancy converts to a periodic tenancy by operation of law.

The 90-day conduct grounds (Form 8) are not available for fixed-term tenancies. If a conduct issue arises during a fixed term, the landlord's options are breach (Form 5, if the conduct constitutes a lease breach) or a direct application to SACAT under Sections 87–89. Form 10 also applies if the agreement is frustrated under Section 83B.

The Evidence Rule

For notice-based grounds, the required documentary evidence must be attached to the notice at the time of service. A notice served without the correct attachment is legally void, and SACAT will not accept evidence filed after the fact as a substitute. For direct SACAT applications, supporting evidence is filed with the application. The Ending a Tenancy in South Australia guide includes an evidence checklist matched to each ground and a form-selection flowchart so the right form, evidence, and notice period are identified before the notice is drafted.

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