Where a tenant has committed domestic abuse against a person who normally resides at the premises or where an intervention order has been issued against a tenant for the protection of a person who normally resides at Housing SA premises, the tenancy can be terminated [Residential Tenancies Act 1995 (SA) s 89A(2)]. Alternatively, the tenancy can be terminated and replaced with a new one without the alleged perpetrator of the domestic abuse as a party. Orders can also be made to determine liability for any damage caused as a result of an incident of domestic abuse and to refund the bond accordingly. Applications must be made to the South Australian Civil and Administrative Tribunal (SACAT). See Resolving Disputes.
It is also Housing SA's policy to terminate a tenancy if the tenant doesn't leave the property after receiving a final intervention order prohibiting them from living at the property. For more information, see the Housing Trust policieson the South Australian Department of Human Services website, in particular the policies on domestic abuse and ending a public housing tenancy.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.