enforcing a housing order
After a hearing, the tribunal member will generally make a decision. That decision will be recorded in a Tribunal order. Alternatively, if the dispute was dealt with in a conciliation conference and the parties were able to agree an outcome, then that outcome will also be recorded in a Tribunal order.
An order is a legally enforceable direction of SACAT for a person to do something. All SACAT orders for housing disputes are enforceable.
If SACAT has made an order that a tenant or resident is to 'give up' possession of a property or room (that is, to vacate), then that order can be enforced by a SACAT Bailiff. Only a Bailiff has the power to evict a tenant/resident.
Where SACAT has made an order for possession
If SACAT has made an order for a tenant/resident to vacate and the tenant/resident has not vacated, then the landlord (or agent)/proprietor should contact SACAT in writing (which may be by fax or email) and request for a Bailiff to attend to evict the tenant or resident. The Bailiff will contact the landlord (or agent)/proprietor and make the necessary arrangements.
Where SACAT has made an order for possession if the tenant fails to make a payment
This happens if SACAT has made an order which requires the tenant to make a payment, and the order states that if the payment is not made, then the tenant must vacate on the following day. If the tenant fails to make the payment and fails to move out, then the landlord/agent must lodge a statutory declaration about the missed payment and an up-to-date rent record with a written request (which may be by email) for the Bailiff to attend. The Bailiff will contact the landlord or proprietor and make the necessary arrangements.
Follow this link for the statutory declaration.
Bond payment orders
If SACAT makes an order that the bond is to be paid out to
• the landlord only
• the tenant or South Australian Housing Trust only
• partly to the landlord and partly to the tenant or South Australian Housing Trust
then you do not need to do anything for that payment to occur.
Once SACAT has made the order, the Bonds section of Consumer and Business Services will be automatically notified and they will pay out the bond in accordance with the SACAT order.
Orders for payment of money
If SACAT makes an order that one person is to pay money to another person, and the payment is not made, then the person in whose favour the order was made may apply to the Magistrates Court (or whatever court is the court with appropriate jurisdiction), to enforce that order. That does not mean that the debt has to be proven all over again. It means that the SACAT order will be enforced as a judgements debt.
Other Tribunal orders
SACAT may make other orders – for example:
• the landlord is to carry out repairs within a certain time;
• the tenant is to remedy a failure to pay rent by making payments towards the arrears.
In any of these cases the order should state what the consequences will be if the person who is required to do something, fails to do it. Generally the consequence will be that the other party can contact the Tribunal and request a further hearing.