South Australia End of Lease Notice for Landlords

A Fixed-Term Lease Does Not End by Itself

One of the most common misconceptions in South Australian tenancy law: a fixed-term lease does not automatically terminate when the end date arrives. Under section 83A of the Residential Tenancies Act 1995, if neither party serves a compliant termination notice before the end date, the tenancy converts by operation of law into a periodic tenancy.

That means the tenant stays, the rent keeps coming, and you now need to use the periodic tenancy termination process (Form 7 or Form 8 with longer lead times) if you want to recover the property.

If you want the tenancy to end at the lease expiry, you must act before the end date — not after it.

Form 9 — The End-of-Fixed-Term Notice

Form 9 is the prescribed notice for ending a fixed-term tenancy at expiry. The key requirements:

Timing: The notice must be served at least 60 clear days before the fixed-term end date. The proposed termination date on the form cannot be earlier than the lease end date.

Prescribed ground: You must cite a specific Regulation 25 ground. The available grounds include:

• Sale requiring vacant possession (attach contract of sale or sales agency agreement)
• Owner or family occupation (attach witnessed statutory declaration)
• Demolition (attach planning approval or demolition contract)
• Major repairs or renovations (attach tradesperson contracts and approvals)

Evidence: The mandatory evidence matching your ground must be attached when the notice is served. Not later. Not at the SACAT hearing. At service.

The Process Step by Step

1. Identify your Regulation 25 ground and gather evidence. If you are selling and need vacant possession, you need the signed contract or agency agreement. If you are moving in, you need the witnessed statutory declaration. Do not serve the notice until the evidence is ready.

2. Complete Form 9. Use the current version from CBS (cbs.sa.gov.au) — the prescribed forms were updated by the Residential Tenancies Regulations 2025 in September 2025. Old-format forms are invalid.

3. Calculate the service deadline. Count backwards from the lease end date: 60 clear days, plus postal delivery allowances if serving by post. The day of service does not count (section 3(3) clear-day rule), so the actual mailing or delivery date must be early enough for the tenant to receive the notice with 60 full clear days remaining.

4. Serve the notice using a lawful method. Personal delivery, letterbox, post, or email with prior written consent (section 120). Record the date, method, and evidence of service.

5. Wait for the end date. The tenant is entitled to remain until the termination date specified on the notice. You cannot require early departure.

If the Tenant Stays Past the End Date

If the tenant does not vacate by the termination date:

• Lodge a Level 1 application at SACAT for an order for vacant possession under section 93. The filing fee is $93 ($69 for concession holders).
• SACAT reviews the notice, the evidence, and hears both sides. If the notice is valid, the Tribunal issues a possession order with a specified vacate date.
• If the tenant still does not leave, apply for a warrant for execution under section 99. A designated SACAT bailiff or a South Australia Police (SAPOL) officer can execute the warrant.

Do not change the locks, disconnect utilities, or remove the tenant's belongings. Self-help eviction carries penalties up to $35,000.

What If You Missed the 60-Day Window?

If the lease end date is fewer than 60 clear days away and you have not served a Form 9, you have two options:

1. Let the tenancy convert to periodic and then serve a Form 7 or Form 8 with the appropriate notice period (60 or 90 clear days) citing a prescribed ground.
2. Negotiate a mutual termination — the tenant and landlord agree in writing to end the tenancy at the lease expiry. This is not a statutory notice; it is a contractual agreement requiring both parties' consent.

Neither option lets you backdate a notice or shorten the statutory minimum.

For the complete guide to every form, every prescribed ground, evidence checklists, and worked clear-day calculations, see the Ending a Tenancy in South Australia guide.

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