South Australian Consolidated Acts South Australian Consolidated Acts60A—Notices to quit void in certain cases
(1) Where—
(a) the
housing authority has, as provided by subsection (1) of section 52
of this Act, served a notice in writing of its intention to declare a house
substandard and such notice has not been withdrawn; and
(b)
notice to quit is given by or on behalf of the landlord to any tenant of the
house, whether before or after the service of the notice by the housing
authority but before a notice under this Act fixing the maximum rental of the
house comes into force under this Part, the notice to quit shall have no force
or effect unless—
(a) the
tenant has failed to pay rental in accordance with the conditions of the
tenancy; or
(b) the
District Court confirms the giving of the notice to quit as provided for by
subsection (2) of this section.
(2) A landlord who has
given, or who proposes to give, any such notice to quit may apply to the
District Court for an order confirming the notice to quit, and the Court may,
if it is of opinion that, having regard to the conduct of the landlord and the
tenant, the notice to quit was not given or is not about to be given, as the
case may be, in consequence of or in expectation of the notice of intention to
declare the house to be substandard, confirm the notice to quit.
(3) Where the notice
to quit was given before the notice of intention to declare the house to be
substandard was served, the District Court may so confirm the notice to quit
as having effect on the day that it was given.
(4) This section shall
not apply to or in relation to a residential tenancy agreement within the
meaning of the Residential Tenancies Act 1978 to which that Act applies.