Residential tenancy protection for people experiencing domestic violence

You can terminate your tenancy directly and immediately with your landlord if you're experiencing abuse:

by a person living in the home
by a person living elsewhere, and you have an intervention order in force
in any circumstance that's considered domestic abuse by an authorised professional.

You don't need to apply to the South Australian Civil and Administrative Tribunal (SACAT).

You will need to submit Form 15 – Notice of termination by tenant on grounds of domestic abuse. The form and details of supporting evidence are in the Domestic abuse – protections for tenants fact sheet (PDF 304KB).

Any evidence provided must be stored and disposed of securely by the landlord or agent.

They can only use or disclose this evidence without your consent to refer a matter to the police, a child protection agency, or if it is reasonably necessary for your protection.

Crisis accommodation

You can give 7 days notice to end a tenancy if you need to vacate the property to obtain temporary crisis accommodation. You'll need to provide the name of the crisis accommodation provider.

Termination by tenant in certain circumstances (PDF 225KB)

Changing locks

Anyone protected by an intervention order, or non-local domestic violence order, experiencing domestic abuse can alter any lock without permission of their landlord. You must provide required evidence of the abuse, and a key to the landlord or agent.

If there's no intervention order in place, landlord consent is required to change the locks. If you believe approval is being unreasonably withheld, you can apply to SACAT for a resolution.

If you need to move because of domestic abuse

Contact Consumer and Business Services (CBS) tenancy advisory service on telephone 131 882.

If you're a tenant or a co-tenant in private rental, community or public housing then you can apply to SACAT for an order to:

terminate or vary the tenancy
allow you to stay in the property without the perpetrator
leave the property and terminate your responsibility under the tenancy
stop a landlord from listing your details on a Residential Tenancy Database (tenant ‘blacklist’) for damage caused by the perpetrator
determine how the bond will be refunded.

See more in the Domestic abuse - protection for tenants fact sheet (PDF 303KB).

All applications to SACAT are completed online at www.sacat.sa.gov.au.

How the Tribunal makes a decision

The Tribunal usually makes its decision in two steps:

The Tribunal will need to see evidence of either an intervention order issued by a Court, or a report from SA Police or a specialist domestic violence service provider.
The Tribunal must consider the impact on all tenants and the landlord.
- If you want the tenancy to be terminated, and another tenant or the landlord doesn't agree with your application, then the tenancy can only be terminated if the Tribunal decides that you would suffer more hardship than the other person.
- If you want to remain in the property without the perpetrator, the Tribunal must decide whether you can continue to meet your obligations as a tenant, for example, pay the rent. The Tribunal must also take into account any views put forward by the landlord.

Your safety at the hearing

SACAT always has at least one security guard present.

The guard's role is to ensure the safety of tribunal members and people attending. The guard may walk in and out of a hearing at any time. The guard may be present in the room the whole time if there are security concerns for a particular hearing.

Where an intervention order is in place, SACAT will usually allocate two hearing rooms, with one person in each room connected by teleconference facilities. The tribunal member may move from one room to the other to take evidence from each person.