SACAT Eviction Process in South Australia

When a tenant does not vacate after a termination notice expires, the landlord's only lawful path is through the South Australian Civil and Administrative Tribunal. SACAT handles every residential tenancy dispute in the state — there is no alternative court or shortcut, and the Act prohibits self-help action such as changing locks, removing belongings, or cutting off utilities.

Step 1: Lodge a Level 1 Application

The landlord files a Level 1 application with SACAT seeking a termination and possession order. The filing fee is $93.00 on the 2026 schedule (concession rate $69.00 for eligible applicants). The application is filed electronically through the SACAT Online Services Portal at sacat.sa.gov.au.

The application must include:

• A copy of the termination notice (the correct prescribed CBS form)
• Proof of service (receipt, photograph, tracking number, or email timestamp)
• The supporting evidence that was attached to the notice at service
• A statement of the current situation — that the notice period has expired and the tenant remains in possession

Step 2: SACAT Reviews the Notice

Before making any possession order, SACAT will examine:

Technical validity. Was the correct form used? Was the notice served through a recognised method? Were the clear days correctly calculated? Was the mandatory evidence attached at service? A defect in any of these elements means the notice is void and SACAT will dismiss the application.

Substantive ground. Does the evidence support the stated ground? For a sale notice, is there a genuine contract of sale or agency agreement? For owner occupation, is the statutory declaration properly witnessed and does the qualifying person genuinely intend to move in?

Statutory defences. Has the tenant raised a defence under Section 90A (retaliatory termination — the notice was motivated by the tenant exercising a statutory right such as requesting repairs)? Or under Section 90B (domestic abuse — the breach was caused by a perpetrator of domestic abuse against the tenant)?

If SACAT finds the notice valid and no defence applies, it will issue a termination order fixing the date on which the tenancy ends and the tenant must deliver vacant possession.

Step 3: If the Tenant Still Does Not Leave

A SACAT termination order is not self-enforcing. If the tenant remains after the order's date, the landlord applies to SACAT for a Warrant for Possession under Section 99.

The warrant authorises a SACAT Bailiff or South Australia Police officer to physically remove the tenant and their belongings from the property. The landlord does not conduct the removal themselves — the bailiff executes the warrant and transfers vacant possession.

The timing depends on SACAT's hearing schedule and the subsequent warrant and bailiff steps.

Direct Applications (No Notice Required)

Two grounds allow the landlord to bypass the notice process entirely and apply directly to SACAT:

Serious damage or personal injury (Sections 87–88). If the tenant has intentionally or negligently caused or permitted serious damage to the property or risk of personal injury, the landlord applies directly to SACAT with evidence (police reports, medical records, photographs, inspection reports). SACAT makes a discretionary order.

Undue hardship (Section 89). If continuing the tenancy would cause the landlord severe, exceptional financial or personal hardship, the landlord applies directly with supporting evidence (financial records, medical certificates, statutory declarations). SACAT determines the effective date and may award the tenant compensation.

What the Landlord Must Not Do

While waiting for SACAT to process the application, the landlord must not:

• Change the locks or install barriers
• Remove or withhold the tenant's belongings
• Disconnect electricity, gas, or water
• Intimidate or threaten the tenant to leave

These actions are prohibited and can carry statutory civil penalties up to $35,000. The fact that the landlord has a valid termination notice or even a SACAT order does not authorise self-help — only a bailiff acting under a Warrant for Possession can physically enforce possession.

The Ending a Tenancy in South Australia guide covers the SACAT application process step by step, with an application checklist that ensures the notice, evidence, and proof of service are assembled before filing.

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