South Australian Consolidated Acts South Australian Consolidated Acts (1) After the
commencement of this Act, no order or judgment for the recovery of possession
of a house in respect of which a notice fixing the maximum rental is in force
under this Part, or for the ejectment of a tenant therefrom, shall be made or
given, so long as the tenant continues to pay rent at the rate agreed at the
time of the publication of the said notice as modified by this Part,
unless—
(a) the
tenant has committed waste, or has been guilty of conduct which is a nuisance
or an annoyance to adjoining or neighbouring occupiers, or has been convicted
of using the premises or allowing, suffering, or permitting the premises to be
used for an immoral or illegal purpose, and the court considers it reasonable
to make such an order or give such judgment; or
(ab) the
tenant has contravened or failed to comply with any condition of the tenancy
and the court considers it reasonable to make such an order or give such a
judgment; or
(b) the
tenant, by sub-letting the house or any part thereof, or by taking in lodgers,
is making a profit which, having regard to the rent paid by the tenant, is
unreasonable, and the court considers it reasonable to make such an order or
give such judgment; or
(c) the
premises are required by the landlord for the occupation of the landlord or
the spouse, son, daughter, son-in-law, daughter-in-law, father or mother of
the landlord; or
(d) the
premises are reasonably required by the landlord for the occupation of some
person in his employ, or in the employ of some tenant from him, and the court,
after considering all the circumstances of the case, including especially the
alternative accommodation available for the tenant, considers it reasonable to
make such an order or give such judgment; or
(e) the
landlord has entered into a contract to sell the house, under which contract
he is obliged to give vacant possession of the house to the buyer, and has
received not less than twenty per centum of the purchase-money; or
(f) the
tenant has given notice of his intention to quit, and in consequence of that
notice the landlord has contracted to let the house or has taken other steps
as a result of which he would, in the opinion of the court, be seriously
prejudiced if he could not obtain possession; or
(g) the
house is reasonably required by the landlord for demolition, or for repair or
reconstruction to a substantial extent, and the court is satisfied that
greater hardship would be caused by refusing to grant an order or judgment for
possession than by granting it; or
(h) the
house is reasonably required by the landlord for the purpose of enabling him
to comply with the requirements of a council, the Minister or the housing
authority; or
(i)
the tenant was in the employment of the landlord and the
house was let to him in consequence of that employment, and he has ceased to
be in that employment.
(2) At the time of
making any order or giving any judgment for the recovery of possession of any
such house or for the ejectment of a tenant therefrom, or in the case of any
such order or judgment which has been made or given, whether before or after
the commencement of this Act or the coming into force of any notice under
section 54 with respect to the house, and not executed, at any subsequent
time, the court may stay or suspend execution of the order or judgment or
postpone the date of possession, for such period or periods as it shall think
fit, either unconditionally or subject to such conditions in regard to payment
by the tenant of rent or mesne profits and otherwise, as the court shall think
fit, and if such conditions are complied with, the court may, if it thinks
fit, discharge or rescind such order or judgment.
(3) Where an order or
judgment for the recovery of possession of a house has been made pursuant to
paragraph (c), (d), (g) or (h) of subsection (1) of this section, a
person who, without the consent of the housing authority, lets the house
otherwise than to the persons for whose occupation the house was required
under paragraph (c) or (d) or lets the house before the purpose for which
the order or judgment was given under paragraph (g) or (h) has been
carried out, shall be guilty of an offence against this Act.
(3a) No order for
costs shall be made in respect of proceedings for the recovery of possession
of a house in respect of which a notice fixing the maximum rental is in force
under this Part unless the court is of the opinion that the conduct of a party
to the proceedings has been unreasonable, vexatious or oppressive.
(4) Notwithstanding
anything in any other Act, a warrant for delivery of possession of a house
which pursuant to such Act and apart from this section would remain in force
for any fixed period prescribed in that behalf, shall remain in force for such
further period or periods, if any, as the court shall from time to time,
whether before or after the expiration of such fixed period, direct.
(5) This section shall
not apply to any proceedings by the housing authority or a local board
pursuant to this Act.
(6) A person who,
otherwise than in pursuance of the order of a court of competent jurisdiction,
evicts or ejects a tenant from a house in respect of which a notice fixing the
maximum rental is in force under this Part shall be guilty of an offence
against this Act.
(7) 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.