This policy sets out how a tenant or Housing SA can end a tenancy in line with the conditions of the lease agreement, also known as the Conditions of Tenancy.

This policy applies to tenants renting public or Aboriginal housing from Housing SA.

Tenant ends the tenancy

A tenant may end a tenancy when they:

  • provide at least 14 days’ written notice that they’re leaving the property
  • receive a final intervention order prohibiting them from living in their Housing SA property

A tenant can’t end a tenancy where they’ve received an interim intervention order that prohibits them from living in their Housing SA property.

Housing SA ends the tenancy

Housing SA may end a tenancy in any of the below situations:

  • the lease agreement ends
  • the tenant dies and Housing SA is given vacant possession
  • the tenant breaches the conditions of their lease agreement, and Housing SA has issued a Notice of termination
  • the South Australian Civil and Administrative Tribunal (SACAT) issues an order for possession
  • the tenant doesn’t leave the property after receiving a final intervention order prohibiting them from living in the property
  • Housing SA receives a tenancy order from a Court assigning the property to another person.

When Housing SA ends a tenancy due to the tenant breaching a condition set out in their lease agreement, they issue a Notice to remedy breach and termination to the tenant. If the tenant doesn’t remedy the breach of the agreement or move out, Housing SA applies to SACAT for an order for possession.

Tenants can attend a hearing with SACAT to discuss the breach of agreement.

If SACAT issues an order for possession, setting a date for Housing SA to take possession of the property, the tenant must move out.

Tenant responsibilities when a tenancy ends

Tenants are responsible for:

  • leaving the property on the agreed vacancy date, and giving vacant possession of the property to Housing SA
  • removing all personal items and furniture before the vacancy inspection and leaving the property clean and tidy
  • repairing any damage to the property
  • removing any alterations or additions they have made to the property, except if Housing SA approves otherwise
  • making sure their account is paid up to the date they leave, including paying for maintenance, rent and water charges.

Housing SA responsibilities when a tenancy ends

Housing SA is responsible for:

  • arranging an inspection on or before the last day of the tenancy with the outgoing tenant or their proxy
  • recording details of the inspection on the inspection form, including the water meter reading
  • taking photos of any items that need to be repaired, cleaned, replaced or removed that are the tenant’s responsibility
  • managing any abandoned goods in line with the Abandoned property and goods policy.

Related laws, policies and documents

Controlling documents

This policy is based on and complies with:

Supporting guidelines

  • Ending a public housing tenancy procedures v1.2

Related policies and other documents

Date this policy applies from

1 May 2017

Version number

1

The online version of the policy is the approved and current version. There is no guarantee that any printed copies are current.