South Australia Landlord Breach Notice

When a tenant in South Australia breaches the lease — unpaid rent, property damage, unauthorised subletting — the landlord's tool is the Form 5 breach notice under Section 80 of the Residential Tenancies Act 1995. It works differently from the 60- or 90-day notices for possession or conduct grounds, and the timing rules are strict.

Rent Arrears — The 14-Day Threshold

A Form 5 for rent arrears cannot be issued until rent is at least 14 full days overdue. If rent is due on the 1st of the month, the 14th day of arrears is the 15th — but the landlord cannot serve the notice until the 16th, because the rent is not "14 days overdue" until the full 14 days have elapsed.

Serving the notice one day early — on the 14th or 15th in this example — invalidates it. SACAT will not enforce a premature notice, and the landlord must withdraw it and serve a fresh one once the 14-day threshold is genuinely met.

The Form 5 gives the tenant 7 clear days to pay the full arrears. If the tenant pays every dollar owed within those 7 days, the notice is spent — the tenancy continues and the landlord cannot rely on that notice to terminate. If the tenant does not pay, the tenancy terminates automatically under Section 80(2).

Even after automatic termination, the tenant can apply to SACAT under Section 80(4) to preserve the tenancy.

Non-Rent Breaches

For breaches other than rent arrears — property damage, keeping an unauthorised occupant, failing to maintain the garden as required by the lease, failing to pay water-usage charges — the Form 5 gives:

• 7 clear days to remedy the breach (fix the damage, remove the occupant, pay the outstanding charges)
• If the breach is not remedied within those 7 days, a further 7 clear days to vacate (14 days total from service)

The notice must specify what the breach is, what the tenant must do to remedy it, and the evidence supporting the claim. For property damage, attach photographs and repair quotes. For unauthorised subletting, attach evidence of the additional occupant. For unpaid water rates, attach the outstanding invoice.

Evidence the Notice Must Contain

A Form 5 is not a generic letter — it must include:

• The exact nature of the breach, stated in specific terms (not "you have breached the lease" but "monthly rent of $840 due 1 October 2026 remains unpaid as at 16 October 2026, totalling $840 in arrears")
• The remedy required (full payment, removal of unauthorised occupant, completion of repairs)
• The statutory timeframe for remedy and vacating
• Supporting documentation: an arrears ledger for rent, photographs and quotes for damage, invoices for unpaid charges

Drug Contamination — A Separate Form

Property contamination from drug manufacturing or use is handled under Section 80A with a Form 6, not a Form 5. Form 6 terminates the tenancy immediately (zero days' notice) but requires a certified laboratory report under Section 67B confirming the contamination. This is a distinct process with no remedy period.

If the Tenant Does Not Comply

If the remedy period expires and the tenant has not fixed the breach or vacated, the landlord cannot take self-help action. The next step is an application to SACAT for a termination and possession order. The Level 1 filing fee is $93.00 on the 2026 schedule.

SACAT will consider whether the breach was genuine, whether the notice was technically valid (correct form, correct timing, adequate evidence), and whether any defence applies — including a retaliatory termination claim under Section 90A if the tenant recently exercised a statutory right such as requesting repairs.

The Ending a Tenancy in South Australia guide walks through the Form 5 process for both rent arrears and non-rent breaches, with a pre-service checklist that catches the common timing and evidence errors before the notice is issued.

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