The prescribed forms, which must be used when issuing a notice of termination, are available from the Tenancies Branch and the OCBA website at www.ocba.sa.gov.au
Periodic Tenancy –
The tenant may give 21 days’ notice or a period equivalent to a single period of the tenancy, (whichever is the longer), in writing to the landlord at any time. For example, if the rent is paid weekly or fortnightly, the tenant is required to give 21 days’ notice. If the rent is paid calendar monthly, the tenant would need to give a calendar month’s notice.
- The landlord may give notice of termination on the prescribed form at any time, as follows:
- The landlord requires possession of the premises for the landlord’s own occupation, or occupation by the landlord’s spouse, child or parent, or occupation by the spouse of the landlord’s child or parent – 60 days;
- Premises required for demolition – 60 days;
- Where the premises have been sold, to be given any date from the signing of the contract of sale – 60 days;
- Possession of the premises is required for repairs or renovations that cannot be carried out conveniently while the tenant remains in possession of the premises – 60 days;
- Rent arrears of at least 14 days or breach of contract – 7 days*;
- Notice where no reason is given – 90 days.
*Where a termination notice is given for breach of contract or rent arrears, if the breach or rent arrears is not rectified within seven days, the tenancy may terminate when the notice expires. If vacant possession is not given by the requested date, the landlord may apply to the Tribunal for an order of possession.