RESIDENTIAL TENANCIES ACT 1995 - SECT 89A
RESIDENTIAL TENANCIES ACT 1995 - SECT 89A
89A—Termination based on domestic abuse
(1) The Tribunal may,
on application by a tenant or a co-tenant, terminate a residential tenancy
from a date specified in the Tribunal's order if satisfied—
(a) that
an intervention order is in force against a person who resides at the
residential premises for the protection of—
(i)
the applicant; or
(ii)
a domestic associate of the applicant who normally or
regularly resides at the residential premises; or
(b) that
a person who resides at the residential premises has committed domestic abuse
against—
(i)
the applicant; or
(ii)
a domestic associate of the applicant who normally or
regularly resides at the residential premises.
(2) The Tribunal may,
on application by the South Australian Housing Trust, a subsidiary of the
South Australian Housing Trust or a community housing provider registered
under the Community Housing Providers National Law , terminate a residential
tenancy from a date specified in the Tribunal's order if satisfied—
(a) that
an intervention order is in force against a tenant for the protection of a
person who normally or regularly resides at the residential premises; or
(b) that
a tenant has committed domestic abuse against a person who normally or
regularly resides at the residential premises.
(3) For the purposes
of an application under this section, the applicant, the landlord and any
tenant or co-tenant under the residential tenancy agreement are parties to
proceedings concerning the tenancy dispute.
(4) The Tribunal may,
on application by a party to proceedings under this section,
make 1 or more of the following additional orders:
(a)
subject to this section, an order requiring the landlord to enter into a new
residential tenancy agreement with the applicant or a co-tenant under the
terminated agreement (or both) for the remainder of the term of the tenancy;
(b) an
order that the landlord may enter the residential premises at a time
determined by the Tribunal to inspect the premises before a determination is
made under this section;
(c) an
order for possession of the premises on a date specified by the Tribunal;
(d) if
the Tribunal is satisfied that—
(i)
the applicant did not cause or reasonably cause a breach
of the residential tenancy agreement; or
(ii)
the nature of any breach of the
residential tenancy agreement resulted from an act of abuse or domestic abuse
against the applicant,
an order that the landlord, landlord's agent or a database operator must not
list the applicant's personal information in a residential tenancy database
under section 99F(1).
(5) The Tribunal must
not make an order under subsection (4)(a) requiring the landlord to enter
into a new residential tenancy agreement with a co-tenant who is—
(a) the
person referred to in subsection (1)(a) against whom an
intervention order is in force; or
(b) the
person referred to in subsection (1)(b) whom the Tribunal is satisfied
has committed domestic abuse against an applicant or a domestic associate of
the applicant who normally or regularly resides at the residential premises,
if the landlord indicates, as part of proceedings before the Tribunal, that
the landlord considers it would be unreasonable for such an order to be made.
(6) Before making an
order under subsection (4)(a), the Tribunal must be satisfied—
(a) that
any tenant or co-tenant under the new residential tenancy agreement could
reasonably be expected to comply with the obligations under the agreement; and
(b) in a
case where the landlord is the South Australian Housing Trust or a subsidiary
of the South Australian Housing Trust—that any tenant under the new
residential tenancy agreement meets the eligibility requirements of the Trust;
and
(c) in a
case where—
(i)
the landlord is a community housing provider registered
under the Community Housing Providers National Law ; and
(ii)
the residential premises constitute community housing
within the meaning of that Law,
that any tenant under the new residential tenancy agreement meets the
eligibility requirements for such community housing and any membership or
other requirements of the landlord associated with occupation of those
premises.
(7) If the landlord or
any co-tenant objects to an application for the making of an order under
subsection (1) or (4)(a), the Tribunal must not make the order unless
satisfied that the hardship likely to be suffered by the applicant or a
domestic associate of the applicant who normally or regularly resides at the
residential premises would, if the order were not made, be greater than any
hardship likely to be suffered by the objector as a consequence of the making
of the order.
(8) A new
residential tenancy agreement entered into by order of the Tribunal under
subsection (4)(a) must be on the same terms and conditions as the
terminated tenancy agreement, subject to any changes determined by the
Tribunal.
(9) In considering an
application under this section, the Tribunal must have regard to such of the
following orders and proceedings (if any) as are relevant to the application:
(a) an
order, injunction, undertaking, plan, recognisance or other form of obligation
imposed or agreement made under the Family Law Act 1975 of the
Commonwealth;
(b) an
order made under the Children's Protection Act 1993 or the Children and
Young People (Safety) Act 2017 ;
(c) an
order made under the Intervention Orders (Prevention of Abuse) Act 2009
;
(d) a
pending application for an order referred to in paragraph (a), (b)
or (c);
(e) any
other relevant legal proceedings.
(10) If a residential
tenancy is terminated under this section because of an intervention order in
force against a co-tenant under the residential tenancy agreement, or because
a co-tenant under the agreement has committed domestic abuse, the Tribunal may
order the co-tenant to make a payment of compensation to the landlord for loss
and inconvenience resulting, or likely to result, from the termination of the
tenancy or from any additional order made under subsection (4).
(11) If the Tribunal
finds, in relation to a residential tenancy that is terminated under this
section, that 1 or more, but not all, of the co-tenants under the
residential tenancy agreement are responsible for damage to the residential
premises or ancillary property, the Tribunal may determine that the
responsible co-tenant or co-tenants are liable (to the exclusion of other
co-tenants) for making any payment of compensation ordered under
section 110(1)(c).
(12) If 1 or more, but
not all, of the co-tenants under a residential tenancy agreement are liable
under subsection (10) or (11) for making a payment of compensation, the
following provisions apply:
(a) the
Tribunal may give a direction under section 110(1)(i) that the bond (if
any) be paid to the landlord and any co-tenant who is not liable for making
the payment in such proportions as the Tribunal thinks fit;
(b) a
direction under paragraph (a) may not operate to limit the amount of bond
payable to a landlord under section 110(1)(i).