South Australian Current Acts South Australian Current Acts84—Tribunal must approve certain terminations
(1) If—
(a)
premises to which a residential tenancy agreement applies—
(i)
have, 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; or
(ii)
are subject to a housing assessment order,
housing improvement order, housing demolition order,
preliminary rent control notice or rent control notice; or
(b) an
order is in force under section 56 (Excessive rent) in respect of the
premises or proceedings for such an order have been commenced,
the landlord may only terminate the tenancy by notice of termination under
this Part if—
(c) the
notice of termination is given on—
(i)
the ground of a breach of a residential tenancy agreement
of a kind for which a notice of termination may be effected under
section 80; or
(ii)
a ground of termination of a periodic residential tenancy
specified in section 81(1); or
(iii)
any other ground prescribed by the regulations for the
purposes of this subsection; and
(d) the
Tribunal authorises the notice of termination.
(2) The Tribunal may
authorise a notice of termination under this section if satisfied of the
genuineness of the proposed ground on which the notice is to be given.
(3) This section does
not apply to a notice of termination given by the landlord—
(a) to
terminate a residential tenancy agreement for a fixed term at the end of the
fixed term; or
(b) for
a failure to pay rent lawfully owed to the landlord.
(4) This section does
not apply if a notice to vacate applies in respect of the premises.