Notification from one of the parties regarding the intention to pursue a lease agreement at the end of a fixed term may be communicated to 83A (for landlords) or s 86A (for tenants). A lessor may apply to the court (SACAT) for an order to terminate a lease and issue ownership of the premises in the event of a breach of the agreement, which is serious enough to warrant termination of the contract [s 87(1)]. This procedure may be preferable to termination by denunciation in accordance with Section 80 if the offence cannot be corrected. At the time of entering into a tenancy agreement, the lessor must complete two signed copies of a verification sheet and provide the tenant who, at the beginning of the tenancy, contains detailed information about the contents and condition of the premises [Residential Lease Regulations 2010 (SA) reg 4]. The tenant is usually required to pay a loan (also known as a deposit or lease loan). This is paid for by the tenant before moving into the house or apartment. The loan is calculated on the basis of the weekly rent. If the rent does not exceed $250 per week, the maximum requirement is four weeks` rent. However, if the weekly rent is more than $250, the maximum obligation is equivalent to a six-week rent [see Residential Tenancies Act 1995 (SA) s 61(3)]. A landlord who violates these requirements may be fined up to $5,000 [Residential Tenancies Act 1995 (SA) s 61].
The lessor may answer to the court at any time before the date set out in the notice of contract or before the tenant renounces an order stating that there is no infringement, that it has been corrected or that the lease has been reinstated. Example of irretrievable violation by tenant Yeomans v Janoska – Parry (RT10/1337) Tenants were responsible for serious damage to rented property, including a hole in the front door and a room screen that was destroyed and removed during an altercation. In addition, there were heated arguments between tenants who disturbed their neighbours. The male tenant had threatened several of the neighbours, some of them older, with violence against himself or, in one case, a dog. The court found that the lease had been breached under Section 87 (2) and ordered the termination of the contract. This is an important feature of the rent that the tenant has in possession of the premises as if they were the owner. This usually means that the tenant can prevent everyone from entering the property, including the owner, the broker and one of his employees.