In SA, what is the process for a landlord to apply to SACAT for possession of a property when the tenant is in serious breach of the tenancy agreement?
Correct Answer
B) Give a breach notice with a remedy period, then apply to SACAT if the tenant stays
Under s 80 of the Residential Tenancies Act 1995 (SA), the landlord gives a written breach notice specifying the breach and at least 7 days to remedy it. If it is not remedied, the tenancy ends by force of the notice, and the tenant must give up possession by the date stated. For unpaid rent, the rent must have been unpaid for at least 14 days before the notice. If the tenant does not leave, the landlord applies to SACAT for a possession order.
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