South Australian Current Acts

RESIDENTIAL TENANCIES ACT 1995 - SECT 90

90—Tribunal may terminate tenancy if tenant's conduct unacceptable

        (1)         The Tribunal may, on application by an interested person, terminate a residential tenancy and make an order for possession of the premises if it is satisfied that the tenant has—

            (a)         used the premises, or caused or permitted the premises to be used, for an illegal purpose; or

            (b)         caused or permitted a nuisance; or

            (c)         caused or permitted an interference with the reasonable peace, comfort or privacy of another person who resides in the immediate vicinity of the premises.

        (2)         If the Tribunal terminates a tenancy and makes an order for possession under this section—

            (a)         the Tribunal must specify the day as from which the order will operate, being not more than 28 days after the day on which the orders are made; and

            (b)         the Tribunal may order the landlord—

                  (i)         to take such action as is specified in the order for the purpose of taking possession of the premises; and

                  (ii)         not to permit the tenant to occupy the premises (whether as a tenant or otherwise) for a specified period or until further order (and any agreement entered into in contravention of such an order is void).

        (2a)         However—

            (a)         the Tribunal must not make an order under this section unless the landlord has been given a reasonable opportunity to be heard in relation to the matter; and

            (b)         if the landlord objects to the making of an order under this section, the Tribunal must not make an order unless the Tribunal is satisfied that exceptional circumstances exist justifying the making of the order in any event.

        (3)         In this section—

"interested person" means—

            (a)         the landlord; or

            (b)         a person who has been adversely affected by the conduct of the tenant on which the application is based; or

            (c)         a strata corporation or community corporation representing the interests of persons who have been adversely affected by the conduct of the tenant on which the application is based; or

            (d)         a police officer; or

            (e)         an authorised officer within the meaning of the Fair Trading Act 1987 .

        (4)         If an application relating to a tenant is, or is to be, made under this section by an authorised officer within the meaning of the Fair Trading Act 1987 , the authorised officer may refer the application to the Commissioner of Police.

        (5)         As soon as reasonably practicable following referral of an application under subsection (4), the Commissioner of Police must make available to the authorised officer information to which the Commissioner of Police has access relevant to the application (unless the Commissioner of Police considers there is good reason for withholding the information).