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 As discussed in the previous article in our tenancy series, tenancies can only be terminated by giving adequate notice and in some instances, there must be grounds for termination. This article will briefly outline when and how you can end a tenancy agreement if you are a landlord.

Fixed Tenancies
Generally, you cannot require a tenant with a fixed term tenancy to move out prior to the end of the agreed term unless they have breached the tenancy agreement.
However, you can apply to the South Australian Civil and Administrative Tribunal (SACAT) to end the tenancy agreement if continuing the agreement would cause you undue hardship. The Tribunal may make an order to compensate the tenant for any actual or potential loss and inconvenience resulting from the early termination of the tenancy by the landlord.

Periodic Tenancies
If there had been no breach of the tenancy agreement, a landlord can end a periodic tenancy by giving proper written notice to the tenant 90 days in advance. This does not apply to premises subject to a housing improvement notice.

Under the following circumstances, the landlord can end a periodic tenancy by only giving 60 days notice:

– If you require possession because the premises are about to be demolished or significantly renovated
– So that you or members of your immediate family can live there; or
– To give vacant possession to a purchaser of the premises with whom you have entered into a contract of sale.

 

If you recover possession of your premises for one of the reasons listed above, you cannot grant a new tenancy to someone on those premises without SACAT’s permission for 6 months.
If after giving advance notice the tenant chooses to move out before the set date of termination, the tenant must give 21 days notice in writing to let the landlord know of their intention to move out before that time.

Eviction
Note that you cannot evict the tenant if they do not leave as required after the termination of the agreement. Instead, you can apply to SACAT for an order of vacant possession of the premises which will be enforced by a bailiff if the order is granted.

If you require further information or legal advice about how you can terminate a lease, our experienced lawyers can help. Simply contact us through email at info@straitslawyers.com or give us a call on (08) 8410 9069.

 

 

 

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.