An interested party can apply to the South Australian Civil and Administrative Tribunal (SACAT) to terminate the tenancy [Residential Tenancies Act 1995 (SA) s 90]. The definition of interested party includes:
- the landlord;
- a person adversely affected by the conduct of the tenant (e.g. near neighbours);
- a strata or community corporation representing the interests of perons who have been adversely affected;
- a police officer.
To justify termination the tenant's conduct must be causing or permitting:
- an interference with the reasonable peace, comfort or privacy of another person who resides in the immediate vicinity of the premises;
- a nuisance; or
- the premises to be used for an illegal purpose.
The Tribunal has to be satisfied that terminating the tenancy is the appropriate remedy.
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