South Australia 7-Day Rent Arrears Notice for Landlords

The 14-Day Threshold Comes First

You cannot serve a rent arrears notice the day after rent is missed. Section 80(2) of the Residential Tenancies Act 1995 requires that rent be at least 14 full days overdue before the landlord can issue a Form 5.

The counting matters. If rent is due on the 1st of the month, it is not 14 full days overdue until the 16th. A notice served on the 15th is premature and invalid — SACAT will dismiss any application based on it.

Check your lease for the exact payment frequency and due date. Weekly rent due every Monday has a different 14-day calculation point than monthly rent due on the first.

Serving the Form 5

Once the 14-day threshold is met, you serve a Form 5 — Landlord's Notice of Breach to Tenant. The notice gives the tenant 7 clear days to pay the full arrears balance.

The mandatory evidence: a detailed arrears calculation ledger attached to the notice, showing:

• Each rent payment date and amount due
• Any payments received and when
• The running balance that confirms rent is 14+ days overdue as of the notice date

A one-line statement that "rent is overdue by $X" is not sufficient. The ledger must let the tenant (and, if it goes further, SACAT) verify the exact calculation.

Counting the 7 Clear Days

Section 3(3) clear-day rules apply:

1. Day 0 — the day the tenant receives the notice (excluded)
2. Days 1–7 — seven full calendar days
3. If the tenant pays the full arrears at any point during these 7 days, the notice expires and the tenancy continues

If serving by post, add 2–4 business days for Australia Post delivery before day 0 begins. Personal delivery or letterbox delivery are more precise — you know exactly when day 0 is.

What Happens After the 7 Days

Tenant pays in full: The notice is spent. The tenancy continues as though nothing happened. You cannot proceed to SACAT on a remedied notice.

Tenant pays part of the arrears: Partial payment does not remedy the breach. If any balance remains after the 7 clear days, the tenancy terminates under section 80(2). However, the tenant can apply to SACAT under section 80(4) to preserve the tenancy.

Tenant pays nothing: The tenancy terminates automatically at the end of the 7 clear days. If the tenant does not vacate, you lodge a Level 1 application at SACAT for an order for vacant possession under section 93 (filing fee: $93, or $69 concession). The notice itself, the arrears ledger, and evidence that the tenant was served are your SACAT file.

Common Mistakes

Issuing the notice too early. The 14-day threshold is strict. If rent was due on the 1st, it is not 14 days overdue until the 16th. Serving on the 15th is premature.

Accepting partial payment after serving the notice. If you accept a partial payment during the 7-day remedy window, document carefully whether you intend it as part payment toward the full arrears (which does not cure the breach unless the total is cleared) or as a new arrangement. Keep any separate payment arrangement in writing.

Forgetting about the tenant's SACAT relief option. Even after the 7 days expire without full payment, the tenant can ask SACAT to preserve the tenancy. Plan for the possibility that the automatic termination does not end the matter.

For the complete Form 5 process, every other prescribed ground, and the full SACAT enforcement pathway, see the Ending a Tenancy in South Australia guide.

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