In the case of a housing demolition order or where a housing improvement order requires the premises to be vacated before work can commence, a notice to vacate will be issued by the Minister.
The notice to vacate will effectively terminate any residential tenancy agreement and require the occupier to give up possession of the premises on a specified date.
Review of notice
A person issued with a notice to vacate may apply to the South Australian Civil and Administrative Appeals Tribunal (SACAT) for review of the notice (i.e. not to the housing improvement or demolition order behind the notice to vacate). The application must be lodged within 28 days of receiving the notice [Housing Improvement Act 2016 (SA) s 22].
If the premises for which a notice to vacate has been issued have been occupied under a residential tenancy agreement the tenant may apply to the South Australian Civil and Administrative Appeals Tribunal (SACAT) for a compensation order. The Tribunal has the power to order the landlord to compensate the tenant for loss and inconvenience resulting from early termination of the tenancy if it considers it appropriate in the circumstances [Housing Improvement Act 2016 (SA) s 23]. The order can include compensation for the reasonable costs incurred by a tenant in relocating to other premises.
Failure to comply with notice to vacate
The maximum penalty for failing to comply with a notice to vacate, or for letting or subletting the premises to which a notice applies, is $ 2 500.
The South Australian Civil and Administrative Tribunal can (on application by the Minister) make an order for the ejectment of the occupier(s) if necessary [s 23]. The ejection order can be enforced by a bailiff if the occupier(s) do not comply and a bailiff can be assisted by a police officer to enforce the order [s 24].
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