Termination of Residential Leases (SA)

On July 1, 2024, new laws affecting residential tenancies came into force in South Australia. One of the most significant changes is that landlords must now have a specific ground for terminating a residential tenancy and must give the tenant a minimum of 60 days’ notice. This page outlines the new laws surrounding the termination of residential leases in South Australia.

Legislation

The new provisions affecting residential leases are contained in The Residential Tenancies (Miscellaneous Amendment) Bill 2023 and amend the Residential Tenancies Act 1995.

Termination of residential tenancy by landlord

Under the changes, a landlord is no longer permitted to terminate a residential tenancy without giving a reason. Under section 83 of the Residential Tenancies Act 1995, a landlord is now permitted to terminate a tenancy only on the basis of one or more of the following grounds:

• There has been a breach of the lease agreement
• The landlord requires possession of the premises for demolition
• The landlord required possession of the premises for repairs or renovations
• The landlord requires possession of the premises for occupation by themselves or their immediate family
• The landlord has entered into a contract for the sale of the premises, which requires them to provide vacant possession of the property
• The landlord requires possession of the premises for a purpose prescribed by regulation.

A tenant who is given notice in this way will be permitted to vacate the premises before the end of the term by giving seven days’ notice.

Notice period

When a landlord terminates a fixed-term tenancy for any of the above reasons, they must give the tenant at least 60 days’ notice. When a landlord terminates a periodic tenancy, they must provide either at least 60 days’ notice or the period of the periodic tenancy, whichever is greater.  

Termination of residential tenancy by tenant

Under the changes, a tenant may terminate a residential tenancy for a number of reasons. These reasons are:

• that the landlord has breached a term of the lease agreement and on two previous occasions in the last 12 months they have been in breach of the same term (section 85AA);
• that the premises do not comply with the minimum housing standards or have been destroyed to an extent that they are unsafe (section 85B);
• that the tenant requires care and needs to vacate the premises in order to receive that care, has accepted community housing, or requires temporary crisis accommodation and needs to vacate the premises in order to access it (section 85C);
• that the tenant has an intervention order against a person who ordinarily resides at the premises or the tenant is in any other domestic abuse situation prescribed by the regulations (section 85D).

A tenant who terminates a lease for any of the above reasons must provide the landlord with seven days’ notice and serve them with a notice of termination accompanied by evidence of their circumstances.

Other changes

The amending legislation has also introduced other changes to the residential tenancies framework in South Australia. Properties must now comply with the minimum housing standards for residential properties. The new laws also limit the circumstances in which landlords can refuse permission for a tenant to keep a pet at a residential rental property.

Reasons for the changes

The changes have been introduced to offer better protections to residential tenants in an environment where there is a historic shortage of rental vacancies. The changes are designed to create a fairer rental system where tenants do not have to live with uncertainty about whether they will be evicted from a property provided they have complied with the terms of their lease. The changes also recognize the financial pressure that many tenants are subject to and the importance of keeping a pet to many people’s mental health, particularly for people who are living alone.

If you require legal advice or representation in any matter, please contact Go to Court Lawyers.