South Australian Current Acts

RESIDENTIAL TENANCIES ACT 1995 - SECT 85

85—Notice of termination by tenant on ground of breach of the agreement

        (1)         If the landlord breaches a residential tenancy agreement, the tenant may give the landlord a written notice, in the form required by regulation—

            (a)         specifying the breach; and

            (b)         informing the landlord that if the breach is not remedied within a specified period (which must be a period of at least seven days) from the date the notice is given the tenancy is terminated by force of the notice from a date that is also specified in the notice (which must be at least seven days after the end of the period allowed for the landlord to remedy the breach).

        (2)         The landlord may, before the time fixed in the tenant's notice for termination of the tenancy or the tenant gives up possession of the premises (whichever is the later), apply to the Tribunal for an order—

            (a)         declaring that the landlord is not in breach of the residential tenancy agreement, or has remedied the breach of the agreement, and that the tenancy is not liable to be terminated under this section; or

            (b)         reinstating the tenancy.

        (3)         If the Tribunal is satisfied that a tenancy has been validly terminated under this section, but that it is just and equitable to reinstate the tenancy (or would be just and equitable to reinstate the tenancy if the conditions of the order were complied with), the Tribunal may make an order reinstating the tenancy.

        (3a)         An order reinstating the tenancy under this section may be made on conditions that the Tribunal considers appropriate.