South Australian Current Acts South Australian Current Acts30—Termination or variation of prescribed residential tenancy agreement
by landlord
(1) If a landlord
gives a tenant a notice of termination, or a notice of
variation of a prescribed kind, of a prescribed residential tenancy agreement
in respect of residential premises—
(a) that
have, within the preceding 6 months, been the subject of an inspection by
an authorised officer under section 11; or
(b) to
which an order or notice under this Part applies (other than a
notice to vacate),
the notice will be ineffectual unless it is given in the prescribed manner and
form on 1 or more grounds prescribed by regulation for the purposes of
this subsection and the Tribunal has confirmed the notice in accordance with
subsection (2).
(2) The Tribunal may,
on application by a landlord who gives, or a tenant who receives, a notice
referred to in subsection (1)—
(a) if
the Tribunal is satisfied of the genuineness of the landlord's grounds for the
giving of the notice, do 1 or both of the following:
(ii)
make an order—
(A) in the case of a notice of
termination—for termination of the residential tenancy agreement and for
possession of the residential premises; or
(B) in the case of a notice of
variation—for variation of the residential tenancy agreement; and
(b) if
the Tribunal is not satisfied of the genuineness of the landlord's grounds for
the giving of the notice, do 1 or both of the following:
(i)
set aside the notice;
(ii)
make an order reinstating the residential tenancy on such
conditions (if any) as the Tribunal considers appropriate.
(3) The Tribunal may,
if it considers it appropriate to do so in the circumstances of the case, make
an order compensating the tenant for loss or inconvenience resulting, or
likely to result, from the termination or variation of the tenancy under this
section (including, but not limited to, the reasonable costs incurred by the
tenant in relocating to other premises).
(4) A landlord who
recovers possession of premises under this section must not, without the
consent of the Tribunal, grant a fresh tenancy over the premises within
6 months after recovering possession.
Maximum penalty: $1 250.
(5) In this
section—
"variation of a prescribed kind", in relation to a prescribed
residential tenancy agreement, means a variation that has the effect of—
(a)
removing property or rights ordinarily enjoyed by the tenant in connection
with the premises; or
(b)
making such property or rights subject to a new or additional charge or other
consideration.