South Australian Current Acts South Australian Current Acts105U—Termination of rooming house agreement
(1) If a resident
under a rooming house agreement has abandoned the resident's room, the
rooming house agreement is terminated.
(2) A resident will be
taken to have abandoned the resident's room if—
(a) the
Tribunal has made a declaration under section 105V that the resident
abandoned the room; or
(b)
—
(i)
the rent payable under the agreement has remained unpaid
in breach of the agreement for not less than 7 days; and
(ii)
the proprietor—
(A) has made reasonable efforts to contact
the resident without success; or
(B) has been advised by the resident that
the room is abandoned.
(3) If rent remains
outstanding for at least 2 rental periods or 2 weeks (whichever is
the lesser), the proprietor may give the resident a written notice informing
the resident that if the amount owing is not paid within a specified period
(which must be a period of at least 2 clear days) from the date the
notice is given then—
(a) the
rooming house agreement is terminated at the end of the specified period by
force of the notice; and
(b) the
resident must vacate the premises at the end of the specified period.
(4) If a resident, or
a person who has entered the rooming house at the resident's invitation,
causes serious damage to the rooming house, creates a danger to a person or
property in the rooming house, or seriously interrupts the privacy, peace,
comfort or quiet enjoyment of another resident, the proprietor may give the
resident a written notice informing the resident that—
(a) the
rooming house agreement is terminated by force of the notice immediately or on
a specified day; and
(b) the
resident must vacate the premises immediately or on or before the specified
day (as the case requires).
(5) If a resident
breaches a term of the rooming house agreement (otherwise than as referred to
in a preceding subsection), the proprietor may give the resident a written
notice informing the resident that—
(a) the
rooming house agreement is terminated by force of the notice on a specified
day (which must be at least 7 clear days after the day the notice is
given); and
(b) the
resident must vacate the premises on or before the specified day.
(6) A proprietor may
terminate a rooming house agreement providing for accommodation on a periodic
basis on any ground prescribed by the regulations by giving the resident at
least 60 days written notice of termination.
(6a) Despite
subsection (6), if a rooming house has, within the preceding
6 months, been the subject of an inspection by an authorised officer
within the meaning of the Housing Improvement Act 2016 in connection with
the administration or enforcement of that Act, the proprietor may only
terminate a rooming house agreement by notice under that subsection if the
notice is given on 1 or more grounds prescribed by regulation for the
purposes of this subsection and the Tribunal authorises the giving of the
notice.
(6b)
Subsection (6a) does not apply if a notice to vacate applies in respect
of the premises.
(7) A resident under a
rooming house agreement providing for accommodation on a periodic basis may
terminate the agreement without specifying a ground for termination by giving
the proprietor at least 1 days notice of termination.
(8) A notice under
this section must be in the form approved by the Commissioner.