Residential Tenancies Act 1995 (SA)

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South Australia

Residential Tenancies Act 1995

An Act to regulate the relationship of landlord and tenant under residential tenancy agreements; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Residential Tenancies Act 1995.

3Interpretation
  1. (1)

    In this Act, unless the contrary intention appears—

abuse and act of abuse have the same meaning as in the Intervention Orders (Prevention of Abuse) Act 2009;

ancillary property means property (not forming part of premises subject to a residential tenancy agreement) that is provided by the landlord, either under the residential tenancy agreement or independently of the agreement, for use by the tenant;

bailiff means a bailiff appointed under the South Australian Civil and Administrative Tribunal Act 2013;

bond means an amount a tenant is required to pay under a residential tenancy agreement, or an agreement collateral to a residential tenancy agreement, as security for the performance of obligations under a residential tenancy agreement;

collateral agreement, in relation to a residential tenancy agreement for residential premises in a prescribed retirement village, includes a domestic services agreement that a tenant of the premises is required to enter into as a condition of the residential tenancy agreement or otherwise as a condition of admission as a resident of the village;

Commissioner means the Commissioner for Consumer Affairs;

controlled drug has the same meaning as in the Controlled Substances Act 1984;

co‑tenant means a tenant who is 1 of 2 or more tenants under a residential tenancy agreement;

decision, of the Tribunal, has the same meaning as in the South Australian Civil and Administrative Tribunal Act 2013;

Deputy President means a Deputy President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013;

Deputy Registrar means a Deputy Registrar of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013;

domestic abuse means an act of abuse committed by a person against a domestic associate or a former domestic associate of the person;

domestic associate—2 persons are domestic associates, 1 of the other, if—

  1. (a)

    they are married to each other; or

  2. (b)

    they are domestic partners; or

  3. (c)

    they are in some other form of intimate personal relationship in which their lives are interrelated and the actions of 1 affect the other; or

  4. (d)

    1 is the child, stepchild or grandchild, or is under the guardianship, of the other (regardless of age); or

  5. (e)

    1 is a child, stepchild or grandchild, or is under the guardianship, of a person who is or was formerly in a relationship with the other under paragraph (a), (b)or(c) (regardless of age); or

  6. (f)

    1 is a child and the other is a person who acts in loco parentis in relation to the child; or

  7. (g)

    1 is a child who normally or regularly resides or stays with the other; or

  8. (h)

    they are brothers or sisters or brother and sister; or

  9. (i)

    they are otherwise related to each other by or through blood, marriage, a domestic partnership or adoption; or

  10. (j)

    they are related according to Aboriginal or Torres Strait Islander kinship rules or are both members of some other culturally recognised family group; or

  11. (k)

    1 is the carer (within the meaning of the Carers Recognition Act 2005) of the other;

domestic facility requiring instructions means an appliance or device provided by a landlord for the use of a tenant for which it would be reasonable to expect the tenant to require instructions;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

domestic services agreement means an agreement with a tenant of residential premises in a prescribed retirement village for the provision of domestic services (such as meals, cleaning, gardening and laundry of linen);

drug related conduct means conduct of a kind prescribed by the regulations in relation to a controlled drug;

exempt animal means—

  1. (a)

    an assistance animal within the meaning of the Equal Opportunity Act 1984; or

  2. (b)

    a therapeutic animal within the meaning of section 88A of the Equal Opportunity Act 1984;

Fund means the Residential Tenancies Fund;

housing assessment order has the same meaning as in the Housing Improvement Act 2016;

housing demolition order has the same meaning as in the Housing Improvement Act 2016;

housing improvement order has the same meaning as in the Housing Improvement Act 2016;

intervention order means an intervention order issued by a court under the Intervention Orders (Prevention of Abuse) Act 2009;

landlord means—

  1. (a)

    the person who grants the right of occupancy under a residential tenancy agreement; or

  2. (b)

    a successor in title to the tenanted premises whose title is subject to the tenant's interest,

and includes a prospective landlord and a former landlord;

lawyer means a person entitled to practise the profession of the law under the Legal Practitioners Act 1981;

notice to vacate has the same meaning as in the Housing Improvement Act 2016;

personal documents means official documents, photographs, correspondence or other documents that it would be reasonable to expect a person might wish to keep;

preliminary rent control notice has the same meaning as in the Housing Improvement Act 2016;

premises includes a part of premises;

prescribed retirement village means a complex of residential premises or a number of separate complexes of residential premises that would be a retirement village within the meaning of the Retirement Villages Act 2016 except that no resident or prospective resident of the village pays an ingoing contribution (within the meaning of that Act) in consideration for, or in contemplation of, admission as a resident of the village;

President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013;

registered community housing provider means a community housing provider registered under the Community Housing Providers National Law;

Registrar means the Registrar of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013;

rent consists of—

  1. (a)

    the amount payable under a residential tenancy agreement for the right to occupy premises for a period of the tenancy; and

  2. (b)

    if the residential tenancy agreement is for residential premises in a prescribed retirement village and there is a domestic services agreement collateral to the residential tenancy agreement—the amount payable under the domestic services agreement for the period of the tenancy referred to in paragraph (a);

rent control notice means a notice under Part 3 Division 3 of the Housing Improvement Act 2016 fixing the maximum rent payable for premises;

residential premises means premises for occupation as a place of residence;

residential tenancy agreement means an agreement (other than a rooming house agreement) under which a person grants another person, for valuable consideration, a right (which may, but need not, be an exclusive right1) to occupy premises for the purpose of residence;

Note—

An agreement under which a person grants another person, for valuable consideration, a right to occupy for residential purposes a building on land (such as a studio or "granny flat") that is located adjacent to or near the primary residence on the land and which the other person has exclusive access to, and possession of, is a residential tenancy agreement.

rooming house means residential premises in which 2 or more rooms are available, for valuable consideration, for residential occupation;

rooming house agreement means an agreement under which accommodation is provided (with or without meals, or other facilities or services) in a rooming house;

rooming house proprietor means a person who carries on a business involving the provision of accommodation under rooming house agreements;

rooming house resident means a person who boards or lodges in a rooming house;

statutory charges means—

  1. (a)

    rates or charges imposed under the Local Government Act 1999; and

  2. (b)

    rates or charges imposed under the Water Industry Act 2012; and

  3. (c)

    land tax under the Land Tax Act 1936; and

  4. (d)

    levies under the Emergency Services Funding Act 1998; and

  5. (e)

    levies under the Landscape South Australia Act 2019; and

  6. (f)

    any charges of a kind imposed under an Act and declared by regulation to be statutory charges;

tenancy dispute means—

  1. (a)

    a claim under a residential tenancy agreement, a rooming house agreement, or an agreement collateral to a residential tenancy agreement or a rooming house agreement; or

  2. (b)

    a dispute between parties or former parties to a residential tenancy agreement, a rooming house agreement, or an agreement collateral to a residential tenancy agreement or a rooming house agreement, about matters arising under the agreement or this Act; or

  3. (c)

    any matter that may be the subject of an application under this Act to the Tribunal;

tenant means the person who is granted a right of occupancy under a residential tenancy agreement or a person to whom the right passes by assignment or operation of law and includes a prospective tenant or a former tenant;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

  1. (2)

    If this Act provides for something to be done within a specified period from a particular day, the period will be taken not to include the particular day.

  2. (3)

    If this Act provides that action may be taken after the expiration of a specified period of days, the period will be taken to be a period of clear days.

  3. (4)

    For the purposes of this Act, a residential tenancy agreement includes an agreement granting a corporation the right to occupy premises that are occupied, or that are intended to be occupied, as a place of residence by a natural person.

  4. (5)

    For the purposes of this Act—

    1. (a)

      a reference to a rooming house is taken to include a reference to a designated rooming house (within the meaning of Part 7 Division 1A); and

    2. (b)

      a reference to a rooming house agreement is taken to include a designated rooming house agreement (within the meaning of Part 7 Division 1A); and

    3. (c)

      a reference to a rooming house proprietor is taken to include a reference to a designated rooming house proprietor (within the meaning of Part 7 Division 1A).

Note—

1However, it should be noted that the Act confers certain protections against intrusion on the premises by the landlord. Hence, even if the agreement does not, in its terms, confer an exclusive right to occupation, the Act will (at least in some respects) assimilate the right of occupation to the exclusive right conferred by a lease.

4Presumption of periodicity in case of short fixed terms
  1. (1)

    If a residential tenancy agreement is entered into for a short fixed term, the agreement is taken to be an agreement for a periodic tenancy with a period equivalent to the length of the fixed term unless the landlord establishes that—

    1. (a)

      the tenant genuinely wanted a tenancy ending at the end of the short fixed term and the term was fixed at the tenant's request; or

    2. (b)

      before the residential tenancy agreement was entered into—

      1. (i)

        the landlord gave the tenant a notice containing a warning in the form required by regulation; and

      2. (ii)

        the tenant signed a statement in the form required by regulation acknowledging that the tenant did not expect to continue in possession of the premises after the end of the term stated in the agreement.

  2. (2)

    A short fixed term is a term of 90 days or less.

5Application of Act
  1. (1)

    This Act does not apply to—

    1. (a)

      an agreement giving a right of occupancy in—

      1. (i)

        a hotel or motel; or

      2. (ii)

        an educational institution, college, hospital or nursing home; or

        Example—

        An agreement under which a right of occupancy is given to a student in accommodation provided within an educational institution or college would not be an agreement to which this Act applies (but this Act would apply, subject to this Act, to an agreement under which a right of occupancy is given to a student in accommodation that is not within an educational institution or college).

      3. (iii)

        club premises; or

      4. (iv)

        a home for aged or disabled persons administered by an eligible organisation under the Aged or Disabled Persons Care Act 1954 of the Commonwealth; or

      5. (v)

        a retirement village within the meaning of the Retirement Villages Act 2016 (other than an agreement of a kind referred to in section 57 of that Act); or

      6. (vi)

        a supported residential facility within the meaning of the Supported Residential Facilities Act 1992; or

      7. (vii)

        prescribed premises, or premises of a prescribed class; or

    2. (ab)

      an agreement to which the Residential Parks Act 2007 applies; or

    3. (b)

      an agreement (other than a rooming house agreement) under which a person boards or lodges with another; or

    4. (c)

      an agreement genuinely entered into for the purpose of conferring on a person a right to occupy premises for a holiday; or

    5. (d)

      an agreement conferring a right to occupy premises for the purpose of residence but under which no rent is payable; or

      Example—

      An agreement under which families exchange houses for an agreed period would not be a residential tenancy agreement if no rent were payable under the agreement.

    6. (e)

      an agreement for the sale of land that confers a right to occupy premises for a period of 28 days or less on a party to the agreement; or

    7. (f)

      a mortgage; or

    8. (g)

      an agreement arising under a scheme in which—

      1. (i)

        a complex of adjacent premises is owned by a company; and

      2. (ii)

        the premises are let by the company to persons who jointly have a controlling interest in the company; or

    9. (h)

      a prescribed agreement or an agreement of a prescribed class.

  2. (1a)

    The regulations may exclude prescribed classes of agreements that relate to land owned (wholly or in part) by the South Australian Housing Trust, or by a subsidiary of the South Australian Housing Trust, from the operation of subsection (1)(e).

  3. (1b)

    For the purposes of this Act, an agreement conferring a right to occupy premises for a fixed term of 60 days or longer is to be taken, in the absence of proof to the contrary, not to be an agreement referred to in subsection (1)(c).

  4. (1c)

    For the purposes of this Act, a residential tenancy agreement for residential premises in a prescribed retirement village is to be taken not to be an agreement under which a person boards or lodges with another.

  5. (2)

    The following provisions of this Act (and only those provisions) apply to residential tenancy agreements under which the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust is the landlord, to residential tenancies arising under those agreements and to related disputes—

    1. (a)

      Part 3 (South Australian Civil and Administrative Tribunal);

    2. (ab)

      Section 65 (Quiet enjoyment);

    3. (b)

      Section 66 (Security of premises);

    4. (ba)

      Section 67B (Testing and remediation in relation to drug contamination);

    5. (c)

      Section 71 (Tenant's conduct);

    6. (caa)

      Section 80A (Termination by landlord on ground of drug contamination);

    7. (ca)

      Section 87 (Termination on application by landlord);

    8. (cb)

      Section 89A (Termination based on domestic abuse);

    9. (d)

      Section 90 (Tribunal may terminate tenancy where tenant's conduct unacceptable);

    10. (e)

      Section 93 (Order for possession);

    11. (f)

      Section 99 (Enforcement orders for possession);

    12. (g)

      Division 3 of Part 8 (Powers of the tribunal);

    13. (h)

      Division 4 of Part 8 (Representation).

Part 2Administration6Administration of this Act

The Commissioner is responsible for the administration of this Act.

7Ministerial control of administration

The Commissioner is, in the administration of this Act, subject to control and direction by the Minister.

8The Commissioner's functions

The Commissioner has the following functions:

  1. (a)

    investigating and researching matters affecting the interests of parties to residential tenancy agreements and rooming house agreements; and

  2. (b)

    publishing reports and information on subjects of interest to the parties to residential tenancy agreements and rooming house agreements; and

  3. (c)

    giving advice (to an appropriate extent) on the provisions of this Act and other subjects of interest to the parties to residential tenancy agreements and rooming house agreements; and

  4. (d)

    investigating suspected infringements of this Act and taking appropriate action to enforce the Act; and

  5. (e)

    making reports to the Minister on questions referred to the Commissioner by the Minister and other questions of importance affecting the administration of this Act; and

  6. (f)

    administering the Fund.

10Annual report
  1. (1)

    The Commissioner must, on or before 31 October in each year, prepare and forward to the Minister a report on the administration of this Act for the year ending on the preceding 30 June.

  2. (2)

    The report must include a report on the administration of the Fund.

  3. (3)

    The Minister must, within six sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

Part 3South Australian Civil and Administrative TribunalDivision 3The Tribunal's jurisdiction24Jurisdiction of Tribunal
  1. (1)

    The Tribunal has—

    1. (a)

      exclusive jurisdiction to hear and determine a tenancy dispute;

    2. (b)

      subject to the regulations—jurisdiction to hear and determine claims or disputes arising from tenancies granted for residential purposes by the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust, or arising under agreements collateral to such tenancies (including such agreements that may involve a third party).

  2. (2)

    However, the Tribunal does not have jurisdiction to hear and determine a monetary claim if the amount claimed exceeds $40 000 unless the parties to the proceedings consent in writing to the claim being heard and determined by the Tribunal (and if consent is given, it is irrevocable).

  3. (3)

    If a monetary claim is above the Tribunal's jurisdictional limit, the claim and any other claims related to the same tenancy may be brought in a court competent to hear and determine a claim founded on contract for the amount of the claim.

  4. (4)

    A court in which proceedings are brought under subsection (3) may exercise the powers of the Tribunal under this Act and, to such extent as may be necessary and appropriate, the powers of the Tribunal under the South Australian Civil and Administrative Tribunal Act 2013.

  5. (5)

    If the plaintiff in proceedings brought in a court under this section recovers less than $40 000, the plaintiff is not entitled to costs unless the court is satisfied that there were reasonable grounds for the plaintiff to believe that the plaintiff was entitled to $40 000 or more.

25Application to Tribunal

Despite any requirement under the South Australian Civil and Administrative Tribunal Act 2013, a requirement to give notice of an application under this Act—

  1. (a)

    may, if relevant, be directed to an occupier or subtenant of premises; and

  2. (b)

    if paragraph (a) applies, need not address the occupier or subtenant by name.

25ARegistrar may make orders in certain cases

The Registrar or a Deputy Registrar of the Tribunal may make an order in relation to a tenancy dispute with the written consent of the parties to the dispute (and such an order operates as an order of the Tribunal).

Division 5Procedural powers of Tribunal32Intervention of designated housing agency
  1. (3)

    The Tribunal may, on the application of a designated housing agency, allow the designated housing agency to intervene in proceedings before the Tribunal when a registered community housing provider is a party to the proceedings.

  2. (4)

    If a designated housing agency is allowed to intervene in proceedings, it may intervene in the manner and to the extent directed by the Tribunal, and on other conditions determined by the Tribunal.

  3. (5)

    In this section—

designated housing agency means—

  1. (a)

    the Minister responsible for the administration of the Community Housing Providers (National Law) (South Australia) Act 2013; or

  2. (b)

    the South Australian Housing Trust.

33Amendment of proceedings

The Tribunal may amend proceedings if satisfied that the amendment will contribute to the expeditious and just resolution of the questions in issue between the parties.

Division 7Orders35Special powers to make orders
  1. (1)

    The Tribunal may make an order in the nature of an injunction (including an interim injunction) or an order for specific performance.

  2. (2)

    However, a member of the Tribunal who is not a legally qualified member (within the meaning of the South Australian Civil and Administrative Tribunal Act 2013) cannot make an order under subsection (1) without the approval of the President or a Deputy President of the Tribunal.

  3. (6)

    The Tribunal may, in the exercise of its jurisdiction, make ancillary or incidental orders.

Division 8Obligation to give reasons for decisions39Reasons for decisions

The Tribunal must, if requested by a person affected by a decision of the Tribunal, where written reasons have not been given, state in writing the reasons for the Tribunal's decision.

39ATime for application for review or instituting appeal

Furthermore, if the reasons for a decision of the Tribunal have not been given in writing and—

  1. (a)

    an applicant for review of the decision of the Tribunal under section 70 of the South Australian Civil and Administrative Tribunal Act 2013; or

  2. (b)

    a person appealing against a decision of the Tribunal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013,

requests the Tribunal within 1 month of the making of the decision to state the reasons in writing, the time for making the application for review or instituting the appeal (as the case may be) runs from the time when the person receives the written statement of reasons.

Part 4Mutual rights and obligations of landlord and tenant
Division A1Before entering into residential tenancy agreement47AProspective tenant to be notified of sale of premises

A landlord must ensure that a prospective tenant is advised, before entering into a residential tenancy agreement, if the landlord has advertised, or intends to advertise, the residential premises for sale and of any existing sales agency agreement for the sale of the residential premises.

Maximum penalty: $20 000.

Expiation fee: $1 200.

47BProspective tenant – requirements relating to provision of information
  1. (1)

    A landlord, or an agent of a landlord, must not request the provision of prescribed information from a prospective tenant or any other person (except in prescribed circumstances).

Maximum penalty: $20 000.

Expiation fee: $1 200.

  1. (2)

    Subsection (1) does not apply to—

    1. (a)

      an entity, or a class of entities, prescribed by the regulations; or

    2. (b)

      a provider of a housing assistance program, or a class of housing assistance programs, prescribed by the regulations.

  2. (2a)

    A prospective tenant must not give a landlord, or an agent of a landlord, false information or a falsified document in connection with an application to enter a residential tenancy agreement.

Maximum penalty: $20 000.

Expiation fee: $1 200.

  1. (3)

    The regulations may include requirements relating to the provision of information to or by a prospective tenant in connection with the prospective tenant applying to enter into a residential tenancy agreement (including requirements relating to the manner or form in which information is to be provided).

  2. (4)

    A person who contravenes a requirement prescribed under subsection (3) is guilty of an offence.

Maximum penalty: $20 000.

Expiation fee: $1 200.

47CAdvertising premises and misleading etc conduct
  1. (1)

    A landlord, or an agent of a landlord, who advertises or otherwise offers premises for rent under a residential tenancy agreement must display or distribute the prescribed information relating to the agreement in accordance with the requirements determined by the Commissioner.

Maximum penalty: $35 000.

Expiation fee: $2 000.

  1. (2)

    A landlord, or an agent of a landlord, must not induce a tenant to enter into a residential tenancy agreement by any statement, representation or promise that the landlord or agent knows to be false, misleading or deceptive or by knowingly concealing a material fact of a kind prescribed by the regulations.

Maximum penalty: $35 000.

Expiation fee: $2 000.

Division 1Entering into residential tenancy agreement
48Information to be provided by landlords to tenants
  1. (1)

    A landlord must ensure that a tenant is given, before or at the time the landlord and tenant enter into a residential tenancy agreement, a written notice setting out—

    1. (a)

      if an agent is acting for the landlord—the agent's name, telephone number and postal or email address for service of documents; and

    2. (b)

      the landlord's full name and postal or email address for service of documents (which must not be the agent's address for service); and

    3. (c)

      if no agent is acting for the landlord—the landlord's telephone number; and

    4. (d)

      the full name and address of any person with superior title to the landlord; and

    5. (e)

      if the landlord is a company—the address of the registered office of the company; and

    6. (ea)

      if electricity is supplied to the premises via a connection point that is part of an embedded network—the prescribed information relating to the supply of electricity; and

    7. (f)

      any other information required by the Commissioner.

Maximum penalty: $20 000.

Expiation fee: $1 200.

  1. (2)

    A landlord must take reasonable steps to ensure that a tenant is given, before or at the time the tenant commences occupation of the premises under a residential tenancy agreement, manufacturers' manuals, or written or oral instructions, about the operation of any domestic facilities requiring instructions.

    Note—

    Domestic facilities requiring instructions should also be listed in the tenancy agreement—see section 69(3a).

  2. (3)

    If a person succeeds another as the landlord, the new landlord must, within 14 days, ensure that the tenant is given a written notice setting out—

    1. (a)

      if an agent is acting for the new landlord—the agent's name, telephone number and postal or email address for service of documents; and

    2. (b)

      the new landlord's full name and postal or email address for service of documents (which must not be the agent's address for service); and

    3. (c)

      if no agent is acting for the new landlord—the new landlord's telephone number; and

    4. (d)

      if the new landlord is a company—the address of the registered office of the company; and

    5. (e)

      any other information required by the Commissioner.

Maximum penalty: $20 000.

Expiation fee: $1 200.

  1. (4)

    If a name, postal or email address or telephone number of which the landlord is required to notify the tenant under this section changes, the landlord must, within 14 days of becoming aware of the change, notify the tenant in writing of the change.

Maximum penalty: $20 000.

Expiation fee: $1 200.

  1. (5)

    In this section—

embedded network has the same meaning as in the National Electricity Rules.

49Residential tenancy agreements
  1. (1)

    A written residential tenancy agreement entered into after the commencement of this section must—

    1. (a)

      state clearly in a prominent position at the beginning of the agreement that—

      1. (i)

        the agreement is a residential tenancy agreement; and

      2. (ii)

        the parties to the agreement should consider obtaining legal advice about their rights and obligations under the agreement; and

    2. (b)

      set out—

      1. (i)

        if an agent is acting for the landlord—the agent's name, postal or email address and telephone number, and, if the agent is registered as an agent under the Land Agents Act 1994, his or her registration number under that Act; and

      2. (ii)

        the landlord's full name and postal or email address for service of documents (which must not be the agent's address for service); and

      3. (iii)

        if no agent is acting for the landlord—the landlord's telephone number; and

      4. (iv)

        the tenant's name; and

      5. (v)

        the address of the residential premises; and

      6. (vi)

        the terms of the agreement, including—

        1. (A)

          the amount of rent payable; and

        2. (B)

          the interval between rental payment times; and

        3. (C)

          the method by which rent is to be paid; and

        4. (D)

          the amount of the bond; and

        5. (E)

          any agreement reached as to responsibility for rates and charges for water supply; and

        6. (F)

          responsibility for insurance of the premises and the contents of the premises; and

        7. (G)

          any other terms of the agreement (including, for example, terms in relation to pets or responsibility for repairs); and

    3. (c)

      be dated and signed by the parties to the agreement; and

    4. (d)

      comply with any other requirements prescribed by the regulations.

  2. (2)

    A provision of a residential tenancy agreement that does not comply with subsection (1) that requires the tenant to pay a bond is unenforceable.

  3. (3)

    A landlord must not enter into a residential tenancy agreement unless the landlord or an agent acting for the landlord has first given the tenant a written guide that explains the tenant's rights and obligations under such an agreement and is in the form approved by the Commissioner for the purposes of this section.

Maximum penalty: $25 000.

Expiation fee: $1 200.

  1. (4)

    The matters specified or agreed in a written residential tenancy agreement entered into after the commencement of this section may not be varied unless the variation is in writing and dated and signed by the landlord and tenant.

  2. (5)

    A landlord under a written residential tenancy agreement must keep a copy of the agreement, and any variation of the agreement, whether in paper or electronic form, for at least 2 years following termination of the agreement.

Maximum penalty: $25 000.

Expiation fee: $1 200.

  1. (6)

    If a landlord (or an agent acting for a landlord) invites or requires a tenant or prospective tenant to sign a written residential tenancy agreement, the landlord must ensure that—

    1. (a)

      the tenant receives a copy of the residential tenancy agreement when the tenant signs it; and

    2. (b)

      if the agreement has not then been signed by the landlord, a copy of the agreement, as executed by all parties, is delivered to the tenant within 21 days after the tenant gives the agreement back to the landlord or the landlord's agent to complete its execution.

Maximum penalty: $35 000.

Expiation fee: $2 000.

  1. (7)

    Subject to subsection (2), a failure to comply with this section does not make the residential tenancy agreement illegal, invalid or unenforceable.

50Cost of preparing agreement

The cost of preparing a written residential tenancy agreement must be borne by the landlord.

Note—

Residential tenancy agreements are exempt from stamp duty.

51False information from tenant

A tenant must not give a landlord false information about the tenant's identity or place of occupation.

Maximum penalty: $20 000.

Division 2Discrimination against tenants with children52Discrimination against tenants with children
  1. (1)

    A person must not refuse to grant a tenancy to another on the ground that it is intended that a child should live on the premises.

Maximum penalty: $25 000.

  1. (2)

    A person must not—

    1. (a)

      instruct a person not to grant; or

    2. (b)

      state an intention (by advertisement or in any other way) not to grant,

a tenancy on the ground that it is intended that a child should live on the premises.

Maximum penalty: $25 000.

  1. (3)

    However, this section does not apply if the landlord, or an agent appointed by the landlord to manage the premises, resides in the premises to which the tenancy relates.

Division 3Rent
52APremises to be offered for rent at fixed amount
  1. (1)

    A landlord, or an agent of a landlord, must not advertise or otherwise offer premises for rent under a residential tenancy agreement unless the rent under the agreement is advertised or offered as a fixed amount.

Maximum penalty: $20 000.

Expiation fee: $1 200.

  1. (2)

    Nothing in subsection (1) prevents a person from placing a sign at or near premises for rent that—

    1. (a)

      advertises or offers premises for rent; and

    2. (b)

      does not state an amount of rent for premises.

  2. (3)

    A landlord, or an agent of a landlord, must not solicit or otherwise invite an offer of an amount of rent under a residential tenancy agreement that is higher than the advertised amount of rent for the premises.

Maximum penalty: $20 000.

Expiation fee: $1 200.

  1. (4)

    This section does not apply to—

    1. (a)

      the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust; or

    2. (b)

      a registered community housing provider.

52BSpecial provision relating to assessments etc of prospective tenants
  1. (1)

    A person acting in trade or commerce (other than an agent of a landlord) must not provide an assessment or rating of the suitability of a prospective tenant to enter into a residential tenancy agreement if a basis of the assessment or rating relates to—

    1. (a)

      in the case of premises advertised or otherwise offered for rent as a fixed amount under the residential tenancy agreement—the fact that the amount of rent that the prospective tenant is willing to pay under the residential tenancy agreement is higher than the fixed amount; or

    2. (b)

      in any other case—the amount of rent that the prospective tenant is willing to pay under the residential tenancy agreement.

Maximum penalty: $20 000.

  1. (2)

    A person must not, except in prescribed circumstances, require or receive from a prospective tenant a payment (however described) for the provision of an assessment or rating of the suitability of the prospective tenant to enter into a residential tenancy agreement.

Maximum penalty: $20 000.

Expiation fee: $1 200.

53Permissible consideration for residential tenancy
  1. (1)

    A person must not require or receive from a tenant or prospective tenant a payment, other than rent or a bond (or both), for a residential tenancy or the renewal or extension of a residential tenancy.

Maximum penalty: $25 000.

Expiation fee: $1 500.

  1. (2)

    However—

    1. (a)

      the landlord may lawfully require or receive consideration for an option to enter into a residential tenancy agreement but, in that case, the following condition applies:

      1. (i)

        if the prospective tenant enters into the residential tenancy agreement, the landlord must apply the consideration towards rent payable under the agreement;

      2. (ii)

        if the prospective tenant does not exercise the option to enter into the residential tenancy agreement, the landlord may retain the consideration; and

    2. (b)

      if the consumption of water at the premises is separately metered, the landlord may require the tenant to reimburse the landlord for rates and charges for water consumption that are based on the amount of water used at the premises pursuant to the residential tenancy agreement or a collateral agreement; and

    3. (c)

      the landlord may lawfully require or receive a payment of a class the landlord is authorised to require or receive by another provision of this Act or under the regulations.

54Rent in advance
  1. (1)

    A person must not require1 the payment of more than two weeks' rent under a residential tenancy agreement before the end of the first two weeks of the tenancy.

Maximum penalty: $25 000.

Expiation fee: $1 200.

  1. (2)

    If rent has been paid under a residential tenancy agreement, a person must not require1 a further payment of rent until the end of the last period for which rent has been paid.

Maximum penalty: $25 000.

Expiation fee: $1 200.

  1. (3)

    A person must not require another to give a post-dated cheque or other post-dated negotiable instrument in payment of rent under a residential tenancy agreement.

Maximum penalty: $25 000.

Expiation fee: $1 200.

Note—

1The prohibition is against requiring payment of rent for more than two weeks in advance. Hence, if a tenant voluntarily elects to pay rent for more than two weeks in advance, the landlord (or the landlord's agent) may lawfully accept the payment.

55Variation of rent
  1. (1)

    The landlord may increase the rent payable under a residential tenancy agreement by giving written notice to the tenant specifying the date as from which the increase takes effect.

  2. (2)

    However—

    1. (a)

      the right to increase the rent may be excluded or limited by the terms of the residential tenancy agreement; and

    2. (b)

      if the tenancy is for a fixed term, the residential tenancy agreement is taken to exclude an increase in rent during the term unless it specifically allows for an increase in rent; and

    3. (c)

      the date fixed for an increase of rent must be at least 12 months after the date of the agreement or, if there has been a previous increase of rent under this section, the last increase and at least 60 days after the notice is given but—

      1. (i)

        if a rent control notice that has applied in respect of the rented property ceases to be in force, the landlord may, by notice given under this section within 60 days after the rent control notice ceases to be in force, increase the rent for the premises from a date falling at least 14 days after the notice is given; and

      2. (ii)

        if the landlord is a registered community housing provider, and the residential tenancy agreement provides for variation of rent in accordance with the tenant's income, the landlord may increase the rent on the ground of a variation in the tenant's income from a date falling at least 14 days after the notice of the increased rent is given; and

      3. (iii)

        if the landlord is a registered community housing provider under a residential tenancy agreement that allows the landlord to change the basis of calculating the rent payable under the agreement, and the landlord gives the tenant written notice that there is to be a change in the basis of calculating rent as from a specified date (which must be at least 60 days after the notice is given and at least 12 months from the date of the agreement, or if there has been a previous change in the basis of rent calculation, at least 12 months from the date of the last such change), the rent may be increased to accord with the new basis of rent calculation as from the specified date without further notice under this section.

  3. (2a)

    Despite subsections (1) and (2), the rent payable under a residential tenancy agreement may be increased at any time by mutual agreement between the landlord and the tenant.

  4. (2b)

    However, an increase of rent under subsection (2a) must be at least 12 months after the date on which the residential tenancy agreement was entered into or, if there has been a previous increase of rent under this section, the last increase.

  5. (3)

    The rent payable under a residential tenancy agreement may be reduced by mutual agreement between the landlord and the tenant.

  6. (4)

    A reduction of rent may be made on a temporary basis so that the rent reverts to the level that would have been otherwise applicable at the end of a specified period.

  7. (5)

    If the rent payable under a residential tenancy agreement is increased or reduced under this section, the terms of the agreement are varied accordingly.

  8. (6)

    This section does not affect the operation of a provision of a residential tenancy agreement under which the rent payable under the agreement changes automatically at stated intervals on a basis set out in the agreement.

  9. (7)

    For the purposes of this section, a series of residential tenancy agreements between the same parties (whether on the same terms or otherwise) and relating to the same premises is treated as a single residential tenancy agreement unless at least 12 months have elapsed since rent for the premises was fixed or last increased.

56Excessive rent
  1. (1)

    The Tribunal may, on application by a tenant, declare that the rent payable under a residential tenancy agreement is excessive.

  2. (1a)

    If an application under subsection (1) is made on the basis of an increase of rent under section 55, the application must be made within 90 days after the notice of increased rent is given.

  3. (2)

    In deciding whether the rent payable under a residential tenancy agreement is excessive, the Tribunal must have regard to—

    1. (a)

      the general level of rents for comparable premises in the same or similar localities; and

    2. (b)

      the estimated capital value of the premises at the date of the application; and

    3. (c)

      the outgoings for which the landlord is liable under the agreement; and

    4. (d)

      the estimated cost of services provided by the landlord and the tenant under the agreement; and

    5. (e)

      the nature and value of furniture, equipment and other personal property provided by the landlord for the tenant's use; and

    6. (f)

      the state of repair and general condition of the premises; and

    7. (fa)

      the estimated cost of goods and services provided under any domestic services agreement collateral to the residential tenancy agreement; and

    8. (fb)

      if the rent was purportedly increased under section 55(2a)—whether the tenant was put under undue pressure to agree to the increase; and

    1. (fc)

      without limiting paragraph (fb), if the rent has been increased—whether the increase was disproportionate considering the amount of rent payable; and

    2. (g)

      other relevant matters.

  2. (3)

    If the Tribunal finds, on an application under this section, that the rent payable under a residential tenancy agreement is excessive, the Tribunal may, by order—

    1. (a)

      fix the rent payable for the premises and vary the agreement by reducing the rent payable under the agreement accordingly; and

    2. (b)

      fix a date (which cannot be before the date of the application) from which the variation takes effect; and

    3. (c)

      fix a period (which cannot exceed one year) for which the order is to remain in force.

  3. (4)

    The Tribunal may, on application by the landlord, vary or revoke an order under this section if satisfied that it is just to do so.

  4. (5)

    If, while an order remains in force under this section, a landlord asks for or receives rent for the premises to which the order relates exceeding the amount fixed by the order, the landlord is guilty of an offence.

56AManner etc of payment of rent
  1. (1)

    A landlord under a residential tenancy agreement must ensure that rent may be paid by the tenant under the agreement in a reasonably convenient manner and, in particular, must permit the tenant to pay by at least 1 means that is electronic and does not involve the collection of rent from the tenant by a third party who charges a fee for the collection service.

Maximum penalty: $25 000.

Expiation fee: $1 500.

  1. (2)

    A person must not charge or receive from a tenant a fee for the payment of rent by, or collection of rent from, the tenant.

Maximum penalty: $35 000.

Expiation fee: $2 000.

57Landlord's duty to keep proper records of rent and other payments
  1. (1)

    A landlord under a residential tenancy agreement must ensure that the following information is recorded in respect of payments received under the agreement:

    1. (a)

      the date on which the payment was received;

    2. (b)

      the name of the person making the payment;

    3. (c)

      the amount paid;

    4. (d)

      the address of the premises to which the payment relates;

    5. (e)

      if the payment is for rent—the period of the tenancy to which the payment relates;

    6. (f)

      if the payment is a bond—a statement of that fact;

    7. (g)

      if the payment is not for rent or a bond—a description of the purpose of the payment, including, if applicable, the period of time to which the payment relates.

Maximum penalty: $20 000.

Expiation fee: $1 200.

  1. (2)

    A person must not—

    1. (a)

      make a false entry in a record of a payment received under a residential tenancy agreement; or

    2. (b)

      falsify the record in any other way.

Maximum penalty: $25 000.

58Duty to provide statement or give receipt for rent
  1. (1)

    A landlord under a residential tenancy agreement must, at the written request of the tenant, give the tenant a statement of the information recorded by the landlord under section 57(1) in respect of the rent received during the period specified in the request (and such statement must be given to the tenant within 7 days of the making of the request).

Maximum penalty: $25 000.

Expiation fee: $1 200.

  1. (2)

    If a tenant pays rent other than into an ADI account, the person who receives the rent must, within 48 hours after receiving the rent, give the tenant a receipt setting out the information required to be recorded by the landlord under section 57(1) in respect of the rent received.

Maximum penalty: $25 000.

Expiation fee: $1 200.

58APayment of rent by electronic transaction

If a tenant pays rent into an ADI account kept by the landlord or the landlord's agent, the payment will be taken to have been made when it is credited to the ADI account.

59Accrual and apportionment of rent
  1. (1)

    The rent payable under a residential tenancy agreement accrues from day to day.

  2. (2)

    If rent is paid in advance, and the tenancy ends before the end of the period for which rent has been paid, the landlord must refund the appropriate proportion of the amount paid to the tenant or apply it towards other liabilities of the tenant to the landlord.

60Abolition of distress for rent

A landlord is not entitled to distrain goods of a tenant for non-payment of the rent payable under a residential tenancy agreement.

Division 4Bonds61Bond
  1. (1)

    A person must not—

    1. (a)

      require more than one bond for the same residential tenancy agreement; or

    2. (b)

      require the payment of a bond exceeding the relevant limit.

Maximum penalty: $35 000.

Expiation fee: $2 000.

  1. (1a)

    A bond must—

    1. (a)

      be paid to the Commissioner or the landlord in the manner and form approved by the Commissioner; and

    2. (b)

      be accompanied by the information determined by the Commissioner.

  2. (1b)

    For the purposes of this section, a payment of an amount by way of a bond to a landlord's agent will be taken to be a payment to the landlord.

  3. (2)

    If at least two years have elapsed since a bond was given or last increased, the landlord may by written notice to the tenant require the tenant to increase the bond by a specified additional amount, within a specified period (which must be at least 60 days from the date of the notice), but not so that the total amount of the bond exceeds the relevant limit.

  4. (2a)

    A requirement under subsection (2) has effect as if it were a term of the residential tenancy agreement.

  5. (3)

    The relevant limit is—

    1. (a)

      if the rent payable under the agreement does not exceed an amount (which must be at least $250 per week) prescribed by regulation for the purposes of this paragraph—four weeks rent under the agreement;

    2. (b)

      if the rent payable under the agreement exceeds an amount prescribed by regulation for the purposes of this paragraph—six weeks rent under the agreement.

  6. (4)

    The relevant limit is, in the first instance, calculated by reference to the rent—or if the rent varies, the lowest rent—payable during the first six months of the tenancy (expressed as a weekly rent) and if there is to be an increase in the amount of the bond, the relevant limit is calculated by reference to the rent (expressed as a weekly rent) payable when the notice of increase is given.

  7. (5)

    For the purposes of determining the relevant limit, any amount payable under a domestic services agreement collateral to the residential tenancy agreement is not to be regarded as rent.

62Receipt of bond and transmission to Commissioner
  1. (1)

    A person must, within 48 hours after receiving an amount paid by way of a bond, give the person who paid a receipt stating the date payment was received, the name of the person from whom the payment was received, the amount paid, and the address of the premises to which the payment relates.

Maximum penalty: $25 000.

Expiation fee: $1 200.

  1. (2)

    A person who receives an amount by way of a bond must pay the amount of the bond to the Commissioner in the manner and form approved by the Commissioner and accompanied by the information determined by the Commissioner within the period allowed by regulation.

Maximum penalty: $35 000.

Expiation fee: $2 000.

  1. (3)

    If the Commissioner receives an amount by way of a bond for a residential tenancy agreement from a person who is not the landlord, the Commissioner must, as soon as is reasonably practicable after receiving the amount, notify the landlord or the landlord's agent (as determined by the Commissioner) of the receipt of the amount in accordance with the regulations.

  2. (4)

    If the Commissioner receives an amount apparently by way of a bond and the Commissioner is satisfied that the amount is not within the ambit of the definition of a bond under this Act, the Commissioner may refund the amount in accordance with the regulations.

63Repayment of bond
  1. (1)

    An application may be made to the Commissioner for—

    1. (a)

      payment of the whole amount of the bond either to the landlord or the tenant; or

    2. (b)

      payment of a specified amount of the bond to the landlord and the balance to the tenant.

  2. (2)

    The application—

    1. (a)

      must be in a manner and form approved by the Commissioner; and

    2. (b)

      may be made jointly by the landlord and the tenant or by either the landlord or the tenant.

  3. (3)

    If the application is undisputed, the Commissioner must pay out the amount of the bond as specified in the application.

  4. (4)

    If an application is liable to be disputed, the Commissioner must give the respondent written notice of the application (in a form the Commissioner considers appropriate) and inform the respondent that, if the respondent wants to dispute the application, a written notice of dispute must be lodged with the Commissioner within the prescribed period after the date the notice is given to the respondent.

  5. (5)

    If the respondent does not give the Commissioner written notice of dispute within the prescribed period after the day on which the Commissioner's notice under subsection (4) is given to the respondent, the Commissioner may pay out the amount of the bond as proposed in the application.

  6. (5a)

    However, if the application is made by the landlord alone more than 12 months after the termination of the residential tenancy agreement—

    1. (a)

      the Commissioner must refer the application to the Tribunal for determination; and

    2. (b)

      the Tribunal may authorise payment of the amount of the bond as proposed in the application if the Tribunal is satisfied, on the basis of information provided by the landlord, that the landlord is entitled to the payment.

  7. (6)

    If the Commissioner receives a written notice of dispute before the amount of the bond is paid out under subsection (5), the Commissioner must refer the dispute to the Tribunal for determination.

  8. (7)

    Despite a preceding subsection, if—

    1. (a)

      the bond has been provided or paid on behalf of the tenant by a third party prescribed by the regulations, or in circumstances prescribed by the regulations; and

    2. (b)

      the Commissioner is given notice of the third party's interest in accordance with the regulations,

then—

  1. (c)

    the third party is entitled to make application to the Commissioner for the payment of the whole, or a specified part, of the bond; and

  2. (d)

    —

    1. (i)

      if the application is made with the consent of the landlord—the Commissioner must pay out the amount of the bond as specified in the application;

    2. (ii)

      in any other case—the Commissioner must give the landlord and, if the tenant is still in possession of the premises, the tenant, written notice of the application (in a form the Commissioner considers appropriate) and—

      1. (A)

        if the Commissioner does not receive a written notice of dispute from the party or parties to whom the notice of the application was given within the prescribed period after the date on which the original notice is given—the Commissioner may pay out the amount of the bond as proposed in the application;

      2. (B)

        in any other case—the Commissioner must refer the matter to the Tribunal for determination.

  1. (8)

    If a payment is made under subsection (7) and the tenant is still in possession of the premises, the landlord may require the tenant to provide a new bond in accordance with section 61.

  2. (9)

    If—

    1. (a)

      a bond is provided on behalf of the tenant by a third party prescribed by the regulations in circumstances prescribed by the regulations; and

    2. (b)

      the landlord makes application to the Commissioner for the payment of the whole, or a specified part, of the amount payable under the bond,

then—

  1. (c)

    if the application is made with the consent of the third party—the Commissioner must pay out the amount as specified in the application;

  2. (d)

    in any other case—the Commissioner must give the third party and, if the tenant is still in possession of the premises, the tenant, written notice of the application (in a form the Commissioner considers appropriate) and—

    1. (i)

      if the Commissioner does not receive a written notice of dispute from the party or parties to whom the notice of the application was given within the prescribed period after the date on which the original notice is given—the Commissioner may pay out the amount as proposed in the application;

    2. (ii)

      in any other case—the Commissioner must refer the matter to the Tribunal for determination.

  1. (10)

    If a payment is made under subsection (9), the third party must reimburse the Fund to the extent of the payment.

  2. (11)

    A payment under this section will be made from the Fund.

  3. (12)

    For the purposes of the payment of an amount of a bond under this section, the Registrar may disclose to the Commissioner the details of a decision or order given or made by the Tribunal the disclosure of which would otherwise be contrary to a direction or order of the Tribunal.

  4. (13)

    For the purposes of this section—

    1. (a)

      an application is undisputed if it is a joint application by the landlord and the tenant; or an application by the landlord that the whole of the amount of the bond be paid to the tenant; or an application by the tenant that the whole of the amount of the bond be paid to the landlord;

    2. (b)

      an application that does not fall into any of those categories is liable to be disputed;

    3. (c)

      if the application was made by the landlord, each tenant is a respondent; if the application was made by a tenant, the landlord and any other tenant are the respondents.

  5. (14)

    Despite any provision of this section, the following provisions apply to the repayment of a bond under a residential tenancy agreement where there are co-tenants, other than if the whole amount of the bond is to be paid to the landlord:

    1. (a)

      if the application proposes that none of the bond is to be paid to the landlord and the landlord agrees to the application—

      1. (i)

        in the case of an application that proposes that the bond be paid to the co-tenants in shares that are not equal and each co-tenant consents to their share as proposed—the Commissioner must pay the bond as specified in the application; or

      2. (ii)

        in the case of an application that proposes that the bond be paid to the co-tenants in equal shares—the Commissioner must pay the bond to all co‑tenants in equal shares;

    2. (b)

      if the application proposes the payment of a specified amount of the bond to the landlord and the balance to the co‑tenants, and the amount proposed to be paid to the landlord is agreed to by the landlord—

      1. (i)

        in a case where the balance payable to the co‑tenants is to be paid in shares that are not equal and each co‑tenant consents to their share as proposed—the Commissioner must pay the bond as specified in the application; or

      2. (ii)

        in a case where the balance payable to the co‑tenants is to be paid in equal shares and at least 1 of the co‑tenants consents—the Commissioner may pay the bond as specified in the application.

  6. (15)

    If the Commissioner acts under subsection (14) in relation to an application, the application is not liable to be disputed.

  7. (16)

    Despite any provision of this section, an application by or on behalf of a landlord for the payment of the whole or a specified amount of a bond to the landlord must be made—

    1. (a)

      within the prescribed period after the end of the tenancy to which the bond relates; and

    2. (b)

      in the manner and form determined by the Commissioner.

  8. (17)

    The regulations may modify or disapply a provision of this section for the purposes of an electronic system approved by the Commissioner for the repayment of bonds.

Division 5Tenant's entitlement to possession and quiet enjoyment64Vacant possession etc
  1. (1)

    It is a term of a residential tenancy agreement that the tenant is entitled to vacant possession of the premises (except for a part of the premises in respect of which a right to exclusive possession is not given by the agreement) from the day the tenancy begins.

  2. (2)

    It is a term of a residential tenancy agreement that there is no legal impediment of which the landlord has, or ought to have knowledge, to the tenant's occupation of the premises for the period of the tenancy as a place of residence.

65Quiet enjoyment
  1. (1)

    It is a term of a residential tenancy agreement that—

    1. (a)

      the tenant is entitled to quiet enjoyment of the premises without interruption by the landlord or a person claiming under the landlord or with superior title to the landlord's title; and

    2. (b)

      the landlord will not cause or permit an interference with the reasonable peace, comfort or privacy of the tenant in the tenant's use of the premises; and

    3. (c)

      the landlord will take reasonable steps to prevent other tenants of the landlord in occupation of adjacent premises from causing or permitting interference with the reasonable peace, comfort or privacy of the tenant in the tenant's use of the premises.

  2. (2)

    If the landlord causes or permits interference with the reasonable peace, comfort or privacy of the tenant in the tenant's use of the premises in circumstances that amount to harassment of the tenant, the landlord is guilty of an offence.

Maximum penalty: $35 000.

Division 6Security of premises66Security of premises
  1. (1)

    Subject to this Division, it is a term of a residential tenancy agreement that—

    1. (a)

      the landlord will take reasonable steps to provide and maintain the locks and other devices that are necessary to ensure the premises are reasonably secure; and

    2. (b)

      neither the landlord nor the tenant will alter or remove a lock or security device or add a lock or security device without the consent of the other; and

    3. (c)

      neither the landlord nor the tenant will unreasonably withhold his or her consent to the alteration, removal or addition of a lock or security device by, and at the expense of, the other.

  2. (2)

    A landlord or tenant who, without reasonable excuse, contravenes the term of the agreement arising under subsection (1)(b) is guilty of an offence.

Maximum penalty: $35 000.

  1. (3)

    If the landlord's agent, without reasonable excuse, alters or removes a lock or security device, or adds a lock or security device, without the tenant's consent, the agent is guilty of an offence.

Maximum penalty: $35 000.

66AAltering locks etc for premises in certain circumstances
  1. (1)

    If—

    1. (a)

      a tenant under a residential tenancy agreement is excluded from the premises because of an order of a prescribed kind relating to domestic abuse or personal safety (a relevant order); and

    2. (b)

      a person to whom a relevant order relates in a manner prescribed by the regulations (a protected person) is also a party to the residential tenancy agreement or has been living at the premises as their primary place of residence,

the protected person may alter any lock or security device of the premises, whether or not the protected person is a party to the residential tenancy agreement.

  1. (2)

    As soon as practicable after a protected person alters a lock or security device, the protected person must—

    1. (a)

      give the landlord or landlord's agent—

      1. (i)

        a key to the lock or security device; and

      2. (ii)

        either a certified extract or a copy of the relevant order; and

    2. (b)

      give a key to the lock or security device to the parties to the residential tenancy agreement, other than the tenant excluded from the premises.

  2. (3)

    A landlord or landlord's agent must not disclose a certified extract or a copy of a relevant order received under this section except in accordance with the regulations.

Maximum penalty: $50 000.

Expiation fee: $2 000.

66BApplication to Tribunal to alter etc locks or security devices without consent
  1. (1)

    If a tenant under a residential tenancy agreement believes that the landlord is unreasonably withholding their consent contrary to the term of the agreement set out in section 66(1)(c), the tenant may apply to the Tribunal for a determination that the consent of the landlord to the alteration, removal or addition of a lock or security device is not required.

  2. (2)

    If, after giving each party an opportunity to be heard, the Tribunal determines that consent is not required, the tenant may alter, remove or add the lock or security device without the landlord's consent.

Division 6AKeeping of pets on premises66CKeeping of pets on premises
  1. (1)

    A tenant may—

    1. (a)

      keep a pet on premises rented under a residential tenancy agreement with the approval of the landlord; and

    2. (b)

      keep an exempt animal on premises rented under a residential tenancy agreement without the approval of the landlord.

  2. (2)

    A tenant may apply to the landlord, or an agent of a landlord, for approval under subsection (1).

  3. (3)

    An application under subsection (2) must—

    1. (a)

      be made in a manner and form determined by the Commissioner; and

    2. (b)

      comply with any other requirements set out in the regulations.

  4. (4)

    A landlord, or an agent of the landlord, must, within 14 days after receipt of an application under subsection (2), give the tenant a written notice setting out—

1.4.2014

amended by 36/2016 Sch 1 cl 16

3.4.2017

s 83A

inserted by 13/2013 s 56

1.3.2014

s 83A(1)

amended by 41/2023 s 47(1)

1.7.2024

s 83A(2)

amended by 41/2023 s 47(2)

1.7.2024

s 83A(3) and (4)

inserted by 41/2023 s 47(3)

1.7.2024

s 83B

inserted by 13/2013 s 56

1.3.2014

s 84

heading

amended by 41/2023 s 48(1)

1.7.2024

s 84(1)

substituted by 13/2013 s 57(1)

1.3.2014

substituted by 36/2016 Sch 1 cl 17(1)

3.4.2017

amended by 41/2023 s 48(2)

1.7.2024

s 84(3)

inserted by 13/2013 s 57(2)

1.3.2014

amended by 36/2016 Sch 1 cl 17(2)

3.4.2017

s 84(4)

inserted by 36/2016 Sch 1 cl 17(3)

3.4.2017

s 84A

inserted by 41/2023 s 49

1.7.2024

Pt 5 Div 3

s 85

s 85(3a)

s 85(3) dot point redesignated as s 85(3a) by 44/2003 s 3(1) (Sch 1)

24.11.2003

s 85AA

inserted by 41/2023 s 50

1.7.2024

s 85A

inserted by 13/2013 s 58

1.3.2014

s 85A(1)

s 85A redesignated as s 85A(1) by 45/2016 s 5

3.7.2017

s 85A(2)

inserted by 45/2016 s 5

3.7.2017

ss 85B—85D

inserted by 41/2023 s 51

1.7.2024

ss 86A and 86B

inserted by 13/2013 s 59

1.3.2014

Pt 5 Div 4

s 87

s 87(1a) and (1b)

inserted by 13/2013 s 60

1.3.2014

s 89A

inserted by 43/2015 s 7

10.12.2015

s 89A(2)

amended by 41/2023 s 52(1)

1.7.2024

s 89A(3)

substituted by 41/2023 s 52(2)

1.7.2024

s 89A(4)

amended by 41/2023 s 52(3)

1.7.2024

s 89A(5)

amended by 41/2023 s 52(4)—(6)

1.7.2024

s 89A(9)

amended by 64/2017 s 123

22.10.2018

s 89A(12)

substituted by 41/2023 s 52(7)

1.7.2024

s 90

s 90(2)

substituted by 55/1999 s 5

3.10.1999

amended by 44/2006 s 49

18.1.2007

s 90(2a)

inserted by 55/1999 s 5

3.10.1999

s 90(3)

interested person

amended by 13/2013 s 61(1)

1.3.2014

s 90(4) and (5)

inserted by 13/2013 s 61(2)

1.3.2014

Pt 5 Div 4A

inserted by 41/2023 s 53

1.7.2024

Pt 5 Div 5

s 91

s 91(1)

amended by 41/2023 s 54(1), (2)

1.7.2024

s 91A

inserted by 41/2023 s 55

1.7.2024

s 92A

inserted by 13/2013 s 62

1.3.2014

Pt 5 Div 6

s 93

s 93(1)

substituted by 13/2013 s 63(1)

1.3.2014

s 93(2)

amended by 13/2013 s 63(2)

1.3.2014

s 93(4a)

s 93(4) dot point redesignated as s 93(4a) by 44/2003 s 3(1) (Sch 1)

24.11.2003

s 94

s 94(1a)

inserted by 13/2013 s 64

1.3.2014

s 95

amended by 13/2013 s 65

1.3.2014

amended by 36/2016 Sch 1 cl 18

3.4.2017

amended by 41/2023 s 56

1.3.2024

s 96

s 96(1a)—(1c)

inserted by 13/2013 s 66

1.3.2014

Pt 5 Div 7 before substitution by 13/2013

s 97

s 97(4)

substituted by 55/1999 s 6(a)

3.10.1999

s 97(6)

amended by 55/1999 s 6(b)

3.10.1999

Pt 5 Div 7

substituted by 13/2013 s 67

1.3.2014

s 97A

amended by 41/2023 s 57

1.3.2024

s 97B

s 97B(2a)

inserted by 45/2016 s 6(1)

3.7.2017

s 97B(4)

amended by 41/2023 s 58(1)

1.7.2024

s 97B(6)

amended by 41/2023 s 58(2)

1.7.2024

s 97B(7)

amended by 45/2016 s 6(2)

3.7.2017

s 97C

s 97C(2)

amended by 41/2023 s 59(1)

1.7.2024

s 97C(3)

amended by 41/2023 s 59(2)

1.7.2024

Pt 5 Div 8

heading

substituted by 26/2014 s 175

29.3.2015

s 98

deleted by 26/2014 s 176

29.3.2015

s 99

s 99(1)

substituted by 13/2013 s 68(1)

1.3.2014

amended by 26/2014 s 177(1)

29.3.2015

s 99(3)

amended by 13/2013 s 68(2)

1.3.2014

s 99(5)

amended by 13/2013 s 68(3)

1.3.2014

amended by 41/2023 s 60(1)

1.3.2024

s 99(6)

amended by 13/2013 s 68(4)

1.3.2014

amended by 41/2023 s 60(2)

1.3.2024

s 99(8)

amended by 13/2013 s 68(2)

1.3.2014

deleted by 26/2014 s 177(2)

29.3.2015

Pt 5A

inserted by 13/2013 s 69

1.3.2014

s 99D

s 99D(2)

amended by 41/2023 s 61(1), (2)

1.3.2024

s 99E

s 99E(2)

amended by 41/2023 s 62(1), (2)

1.3.2024

s 99F

s 99F(1)

amended by 43/2015 s 8(1), (2)

10.12.2015

amended by 41/2023 s 63

1.3.2024

s 99G

s 99G(1)

amended by 41/2023 s 64

1.3.2024

s 99H

s 99H(2)

amended by 41/2023 s 65(1)

1.3.2024

s 99H(3)

amended by 41/2023 s 65(2)

1.3.2024

s 99I

s 99I(2)

amended by 41/2023 s 66

1.3.2024

s 99J

s 99J(1)

amended by 41/2023 s 67(1)

1.3.2024

s 99J(2)

amended by 41/2023 s 67(2)

1.3.2024

s 99J

s 99J(3)

substituted by 41/2023 s 67(3)

1.7.2024

s 99J(4)

deleted by 41/2023 s 67(3)

1.7.2024

s 99K

s 99K(1)

amended by 41/2023 s 68(1), (2)

1.3.2024

Pt 6

s 100

s 100(3)

amended by 13/2013 s 70(1)

1.3.2014

s 100(5)

amended by 13/2013 s 70(2)

1.3.2014

s 100(6)

inserted by 13/2013 s 70(3)

9.5.2015

s 101

s 101(1)

s 101 amended and redesignated as s 101(1) by 13/2013 s 71(1)—(3)

7.2.2014

amended by 26/2014 s 178

29.3.2015

amended by 22/2023 s 6

1.9.2023

amended by 41/2023 s 69

1.3.2024

s 101(2)

inserted by 13/2013 s 71(3)

7.2.2014

Pt 7 before substitution by 13/2013

s 105A

inserted by 21/1998 s 25

28.5.1998

Pt 7

substituted by 13/2013 s 72

1.3.2014 except ss 105L(2) and 105M—9.5.2015

Pt 7 Div 1A

inserted by 41/2023 s 70

1.7.2024

Pt 7 Div 2

s 105

s 105(1)

amended by 41/2023 s 71(1), (2)

1.3.2024

Pt 7 Div 3

s 105C

s 105C(4)

amended by 41/2023 s 72

1.3.2024

s 105D

s 105D(1)

amended by 41/2023 s 73(1), (2)

1.3.2024

Pt 7 Div 4

s 105E

s 105E(1)

amended by 41/2023 s 74(1)

1.3.2024

s 105E(4)

amended by 41/2023 s 74(2)

1.3.2024

s 105F

s 105F(1)

amended by 41/2023 s 75(1), (2)

1.3.2024

s 105F(2)

amended by 41/2023 s 75(3), (4)

1.3.2024

s 105F(3)

amended by 41/2023 s 75(5), (6)

1.3.2024

s 105G

s 105G(1)

amended by 41/2023 s 76(1), (2)

1.3.2024

s 105G(2)

amended by 41/2023 s 76(3), (4)

1.3.2024

s 105I

s 105I(3)

substituted by 36/2016 Sch 1 cl 19

3.4.2017

s 105K

amended by 41/2023 s 77(1)

1.3.2024

s 105K(1)

s 105K redesignated as s 105K(1) by 41/2023 s 77(2)

1.7.2024

s 105K(2) and (3)

inserted by 41/2023 s 77(2)

1.7.2024

s 105L

s 105L(1)

amended by 41/2023 s 78(1), (2)

1.3.2024

s 105L

s 105L(2)

amended by 41/2023 s 78(4), (5)

1.3.2024

amended by 41/2023 s 78(3)

1.7.2024

s 105L(3) and (4)

inserted by 41/2023 s 78(6)

1.7.2024

s 105M

s 105M(2)

amended by 41/2023 s 79(1)

1.7.2024

s 105M(4)

amended by 41/2023 s 79(2)

1.7.2024

s 105M(5)

amended by 41/2023 s 79(3)

1.7.2024

s 105M(8)

amended by 41/2023 s 79(4)

1.7.2024

s 105M(10)

amended by 41/2023 s 79(5)

1.7.2024

s 105M(12a)

inserted by 41/2023 s 79(6)

1.7.2024

s 105M(13)

amended by 41/2023 s 79(7), (8)

1.7.2024

s 105M(14)—(16)

inserted by 41/2023 s 79(9)

1.7.2024

s 105N

s 105N(2)

amended by 41/2023 s 80

1.3.2024

s 105O

s 105O(2)

amended by 41/2023 s 81

1.3.2024

s 105P

s 105P(3)

substituted by 36/2016 Sch 1 cl 20

3.4.2017

s 105PA

inserted by 41/2023 s 82

1.7.2024

s 105Q

s 105Q(3)

inserted by 41/2023 s 83

1.7.2024

s 105R

s 105R(2)

amended by 41/2023 s 84

1.3.2024

s 105S

s 105S(3)

amended by 41/2023 s 85(1), (2)

1.3.2024

s 105T

amended by 41/2023 s 86

1.3.2024

Pt 7 Div 5

s 105U

s 105U(6)

amended by 41/2023 s 87(1), (2)

1.7.2024

s 105U(6a) and (6b)

inserted by 36/2016 Sch 1 cl 21

3.4.2017

s 105UA

inserted by 43/2015 s 9

10.12.2015

s 105UA(7)

amended by 64/2017 s 124

22.10.2018

s 105W

s 105W(1)

amended by 41/2023 s 88(1)

1.7.2024

s 105W(2)

amended by 41/2023 s 88(1)

1.7.2024

s 105W(4)

amended by 41/2023 s 88(2)

1.3.2024

Pt 8

Pt 8 Div 1

substituted by 13/2013 s 73

1.3.2014

Pt 8 Div 1 Subdiv 1

s 106

conciliation conference

substituted by 26/2014 s 179

29.3.2015

Pt 8 Div 1 Subdiv 2

s 107

s 107(3)

amended by 26/2014 s 180(1)

29.3.2015

s 107(6)

amended by 26/2014 s 180(2)

29.3.2015

Pt 8 Div 1 Subdiv 3

deleted by 26/2014 s 181

29.3.2015

Pt 8 Div 1 Subdiv 4

s 108A

amended by 26/2014 s 182

29.3.2015

s 108B

s 108B(1)

amended by 26/2014 s 183(1)

29.3.2015

s 108B(2)

amended by 26/2014 s 183(1)

29.3.2015

s 108B(3)

amended by 26/2014 s 183(1)

29.3.2015

s 108B(4)

amended by 26/2014 s 183(1)

29.3.2015

s 108B(5)

amended by 26/2014 s 183(1)

29.3.2015

s 108B(7)

substituted by 26/2014 s 183(2)

29.3.2015

s 108B(9)

deleted by 26/2014 s 183(3)

29.3.2015

s 108B(10)

substituted by 26/2014 s 183(4)

29.3.2015

Pt 8 Div 3

s 110

s 110(1)

s 110 amended and redesignated as s 110(1) by 55/1999 s 7(a)—(c)

3.10.1999

amended by 13/2013 s 74(1)—(3)

1.3.2014

s 110(2)

inserted by 55/1999 s 7(c)

3.10.1999

s 112

s 112 (1a)

inserted by 43/2015 s 10

10.12.2015

s 112 (1b)

inserted by 43/2015 s 10

10.12.2015

amended by 64/2017 s 125

22.10.2018

Pt 8 Div 4

s 113

s 113(1)

amended by 13/2013 s 75(1)

1.3.2014

amended by 26/2014 s 184

29.3.2015

s 113(3)

amended by 13/2013 s 75(2), (3)

1.3.2014

s 114

amended by 13/2013 s 76

1.3.2014

amended by 26/2014 s 185

29.3.2015

amended by 41/2023 s 89

1.3.2024

Pt 8 Div 5

inserted by 41/2023 s 90

1.7.2024

Pt 9

s 115

s 115(3)

amended by 13/2013 s 77

1.3.2014

amended by 41/2023 s 91

1.3.2024

s 116

deleted by 13/2013 s 78

1.3.2014

s 117A

inserted by 13/2013 s 79

1.3.2014

s 119

s 119(1)

amended by 21/1998 s 26

28.5.1998

s 119(3)

amended by 13/2013 s 80

1.3.2014

amended by 41/2023 s 92

1.3.2024

s 120

s 120(1)

amended by 13/2013 s 81(1)

1.3.2014

amended by 41/2023 s 93

1.3.2024

s 120(2)

deleted by 13/2013 s 81(2)

1.3.2014

s 121

heading

amended by 41/2023 s 94(1)

1.3.2024

s 121(2)

amended by 41/2023 s 94(2)

1.3.2024

s 121(3)

amended by 13/2013 s 82(1)

1.3.2014

s 121(4)

inserted by 34/1996 s 4 (Sch cl 29)

3.2.1997

amended by 13/2013 s 82(2)

1.3.2014

s 121(5) and (6)

inserted by 41/2023 s 94(3)

1.3.2024

Sch before deletion by 13/2013

heading substituted by 44/2003 s 3(1) (Sch 1)

24.11.2003

Div 1

deleted by 44/2003 s 3(1) (Sch 1)

24.11.2003

Div 2 heading

deleted by 44/2003 s 3(1) (Sch 1)

24.11.2003

Div 3

deleted by 44/2003 s 3(1) (Sch 1)

24.11.2003

Sch

deleted by 13/2013 s 83

1.3.2014

Sch 1

inserted by 13/2013 s 83

1.3.2014 except cl 5—9.5.2015

Sch 2

inserted by 45/2016 s 7

3.7.2017

Sch 3

inserted by 41/2023 s 95

1.7.2024

Transitional etc provisions associated with Act or amendments

Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996

5—Transitional provision

An Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.

Statutes Amendment (SACAT) Act 2014

186—Transitional provisions

  1. (1)

    In this section—

principal Act means the Residential Tenancies Act 1995;

relevant day means the day on which this Part comes into operation;

Residential Tenancies Tribunal means the Tribunal established under the Residential Tenancies Act 1995;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

  1. (2)

    A decision (including a decision in the nature of a declaration), direction or order of the Residential Tenancies Tribunal under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction or order of the Tribunal.

  2. (3)

    A right to make any application or to seek a review under the principal Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Residential Tenancies Tribunal, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.

  3. (4)

    Any proceedings before the Residential Tenancies Tribunal under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.

  4. (5)

    The Tribunal may—

    1. (a)

      receive in evidence any transcript of evidence in proceedings before the Residential Tenancies Tribunal, and draw any conclusions of fact from that evidence that appear proper; and

    2. (b)

      adopt any findings or determinations of the Residential Tenancies Tribunal that may be relevant to proceedings before the Tribunal; and

    3. (c)

      adopt or make any decision (including a decision in the nature of a declaration), direction or order in relation to proceedings before the Residential Tenancies Tribunal before the relevant day (including so as to make a decision or declaration, or a direction or order, in relation to proceedings fully heard before the relevant day); and

    4. (d)

      take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.

  5. (6)

    The Tribunal may, on application under section 37 of the principal Act made after the relevant date, vary or set aside an order of the Residential Tenancies Tribunal made before the relevant date.

  6. (7)

    The Residential Tenancies Tribunal is dissolved by force of this subsection.

  7. (8)

    A member of the Residential Tenancies Tribunal holding office when subsection (7) comes into operation will cease to hold office at that time and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (but any such termination will not affect any right of action that a person may have against a Minister or the State on account of that termination).

  8. (9)

    Nothing in this section—

    1. (a)

      affects the ability to register an order of the Residential Tenancies Tribunal made before the relevant day in an appropriate court, as provided for by section 36 of the principal Act before its repeal by this Act; or

    2. (b)

      affects a right to appeal to the Administrative and Disciplinary Division of the District Court against a decision, direction or order of the Residential Tenancies Tribunal made or given before the relevant day.

Residential Tenancies (Protection of Prospective Tenants) Amendment Act 2023, Sch 1

1—Transitional provisions

  1. (1)

    Subject to this clause, Part 4 Division 14A applies to a person who holds tenant information on or after the commencement of this subclause, whether the tenant information was provided before or after that commencement.

  2. (2)

    However—

    1. (a)

      section 76B(2)(a) of Part 4 Division 14A does not apply to a person who holds tenant information provided by a successful tenant in respect of a residential tenancy agreement where the tenancy ended more than 2 years before the commencement of this subclause if the person takes such steps as are reasonable in the circumstances to destroy the tenant information within 12 months of that commencement; and

    2. (b)

      paragraph (b) of section 76B(2) of Part 4 Division 14A does not apply to a person who holds tenant information to which that paragraph would otherwise apply if the person takes such steps as are reasonable in the circumstances to destroy the tenant information within 12 months of the commencement of this subclause.

  3. (3)

    In this clause—

Part 4 Division 14A means Part 4 Division 14A of the Residential Tenancies Act 1995 (as inserted by section 5 of this Act).

  1. (4)

    Terms used in this clause and in Part 4 Division 14A have the same meaning in this clause as they do in Part 4 Division 14A.

Historical versions

Reprint No 1—3.2.1997

Reprint No 2—28.5.1998

Reprint No 3—1.7.1999

Reprint No 4—3.10.1999

Reprint No 5—1.7.2002

Reprint No 6—24.11.2003

18.1.2007

5.11.2007

11.2.2008

1.2.2010

28.2.2013

8.6.2013

7.2.2014

1.3.2014

1.4.2014

29.3.2015

9.5.2015

10.12.2015

3.4.2017

3.7.2017

14.12.2017

1.1.2018

22.10.2018

1.7.2020

1.9.2023

1.3.2024

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