Residential Tenancies (General) Regulations 1995 (SA)

South Australia

Residential Tenancies (General) Regulations 1995

under the Residential Tenancies Act 1995

Part 1Preliminary1Short title

These regulations may be cited as the Residential Tenancies (General) Regulations 1995.

3Interpretation

In these regulations, unless the contrary intention appears—

Act means the Residential Tenancies Act 1995;

serviced apartment means an apartment or unit in respect of which the person who grants the right of occupancy provides, on an on-going basis, various services associated with the occupation of the apartment or unit.

Part 2General provisions4Short fixed term tenancies

1. (1)

   For the purposes of subparagraph (i) of section 4(1)(b) of the Act, the notice that a landlord must give to a tenant under that subparagraph must be in the form set out in Part A of Form 1 in Schedule 1.

2. (2)

   For the purposes of subparagraph (ii) of section 4(1)(b) of the Act, the statement that a tenant must sign under that subparagraph must be in the form set out in Part B of Form 1 in Schedule 1.

5Exempted agreements

Pursuant to section 5(1)(h) of the Act, the Act does not apply to—

1. (a)

   an agreement genuinely entered into on a short-term, temporary basis, for the occupation of a serviced apartment where the serviced apartment will not, while so occupied, constitute the principal place of residence of the occupant;

   An agreement conferring a right to occupy a serviced apartment for a fixed term of 60 days or longer will be taken, in the absence of proof to the contrary, not to have been genuinely entered into on a short-term, temporary basis for the purposes of paragraph (a).

2. (b)

   an agreement that relates to residential premises which—

   1. (i)

      form part of a building in which other premises are let by the landlord to the tenant for the purposes of a trade, profession or business carried on by the tenant; or

   2. (ii)

      are situated on land which is let by the landlord to the tenant for the purposes of a trade, profession or business (including agriculture) carried on by the tenant; or

   3. (iii)

      are situated in the township of Leigh Creek South and which are the subject of a tenancy agreement to which an electricity entity (within the meaning of the Electricity Act 1996) is a party as landlord.

6Provision of information by the landlord

At the time that a residential tenancy agreement is entered into, the landlord (or his or her agent) must furnish the tenant with an information brochure in a form determined by the Minister.

7Inspection sheets

1. (1)

   At the time that a residential tenancy agreement is entered into, the landlord (or his or her agent) must complete and provide to the tenant two signed copies of an inspection sheet in a form determined by the Minister, or in a form that satisfies the requirements of the form determined by the Minister and that in particular—

   1. (a)

      provides for the premises the subject of a residential tenancy agreement to be identified; and

   2. (b)

      provides comprehensive details of fixtures, furniture and other contents in the premises; and

   3. (c)

      provides for the condition of the premises and the fixtures, furniture and other contents of the premises to be described by both the landlord and tenant, both at the time of commencement and termination of the agreement; and

   4. (d)

      provides for the signature of the parties of the agreement both at the time of commencement and termination of the agreement; and

   5. (e)

      advises the tenant that if a dispute arises about the condition of the premises, the tenant may contact the Tenancies Branch of the Office of Consumer and Business Affairs about the matter.

2. (2)

   The form should be used for a comparison check when the tenant vacates the premises.

8Other amounts recoverable by the landlord

Pursuant to section 53(2)(c) of the Act, a landlord is also authorised to require or receive payments for the provision of electricity, gas or telephone services at the premises if the accounts for those items are in the name of the landlord.

9Limit of amount of bond – rent level

For the purposes of paragraphs (a) and (b) of section 61(3) of the Act, the amount of $250 per week is prescribed.

10Transmission of bond to Commissioner

For the purposes of section 62(2) of the Act, the following period is allowed for the payment to the Commissioner of an amount paid by way of security:

1. (a)

   if the person who receives the amount is a registered agent—30 days after the receipt of the amount;

2. (b)

   in any other case—seven days after the receipt of the amount.

10ASecurity bond – third party payments and guarantees

1. (1)

   For the purposes of section 63(7) of the Act, the South Australian Housing Trust is prescribed as a "third party".

2. (2)

   For the purposes of section 63(7)(b) of the Act, a third party may give the Commissioner notice of the third party's interest by making an endorsement indicating the third party's interest on the form furnished to the Commissioner at the time that the relevant security is paid to the Commissioner under section 62 of the Act, or in some other manner determined by the Minister for the purposes of this regulation.

3. (3)

   For the purposes of section 63(9) of the Act—

   1. (a)

      the South Australian Housing Trust is prescribed as a "third party"; and

   2. (b)

      the prescribed circumstances are where the South Australian Housing Trust is acting as guarantor for a tenant.

11Items for which a housing co-operative is not responsible

Pursuant to subsection (2)(b) of section 68 of the Act, if the landlord is a registered housing co-operative, the landlord is not required to comply with subsection (1) of that section in relation to the following items:

1. (a)

   airconditioners;

2. (b)

   antennas;

3. (c)

   ceiling fans;

4. (d)

   washing machines;

5. (e)

   dishwashers;

6. (f)

   external blinds;

7. (g)

   floor coverings;

8. (h)

   garden sheds;

9. (i)

   internal blinds and curtains;

10. (j)

    light fittings;

11. (k)

    rain water tanks, other than where the tank is the only source of water for the premises;

12. (l)

    refrigeration units;

13. (m)

    room heaters;

14. (n)

    spa bath motors;

15. (o)

    swimming pools and associated plant or equipment;

16. (p)

    waste disposal units;

17. (q)

    water pumps, other than where the water pumped is the only water supplied to the premises;

18. (r)

    window treatments.

12Notice of termination – landlords

1. (1)

   A notice given by a landlord to a tenant under section 80 of the Act (including a notice that provides for the termination of the tenancy) must be in the form set out in Form 2 in Schedule 1.

2. (2)

   A notice of termination given by a landlord to a tenant (other than under section 80 of the Act) must be in the form set out in Form 3 in Schedule 1.

13Notice of termination – tenants

1. (1)

   A notice given by a tenant to a landlord under section 85 of the Act (including a notice that provides for the termination of the tenancy) must be in the form set out in Form 4 in Schedule 1.

2. (2)

   A notice of termination given by a tenant to a landlord (other than under section 85 of the Act) must be in the form set out in Form 5 in Schedule 1.

14Abandoned goods

For the purposes of section 97(3) of the Act, the notice set out in Form 6 in Schedule 1 is prescribed.

15Offence

A person who contravenes or fails to comply with a regulation under this Part is guilty of an offence.

Maximum penalty: $250.

Part 3Provisions relating to the tribunal16Conferral of jurisdiction – registrars

Pursuant to section 16(b) of the Act, the registrar or a deputy registrar may exercise the jurisdiction of the Tribunal—

1. (a)

   to give a notice under section 25(2) of the Act;

2. (b)

   to refer contested proceedings to a conference of the parties under section 26 of the Act;

3. (c)

   to decline to entertain an application, or to adjourn a hearing, under section 32(1)(b) of the Act;

4. (d)

   to extend a period prescribed by or under the Act under section 32(1)(e) of the Act;

5. (e)

   to adjourn a hearing under section 32(1)(g) of the Act;

6. (f)

   to allow the amendment of an application under section 32(1)(h) of the Act;

7. (g)

   to order pursuant to section 32(1)(l) of the Act that an application be struck out with the consent of the applicant;

8. (h)

   to allow the South Australian Co-operative Housing Authority to intervene in proceedings before the Tribunal under section 32(3) of the Act;

9. (i)

   to appoint a mediator under section 34 of the Act;

10. (j)

    to grant an authorisation under section 43 of the Act.

17Application to Tribunal

1. (1)

   Pursuant to section 25(1)(b) of the Act, an application to the Tribunal under the Act by a landlord or a tenant must contain the following particulars:

   1. (a)

      the name and address of the applicant and whether landlord or tenant;

   2. (b)

      the name and last known address of the other party;

   3. (c)

      the address of the premises the subject of the residential tenancy agreement;

   4. (d)

      the order or determination sought by the applicant;

   5. (e)

      the grounds on which the application is made.

2. (2)

   The application referred to in subregulation (1) may be in the form set out in Form 7 in Schedule 1.

3. (3)

   If the tenancy has been terminated by notice of termination under the Act or under the agreement and the applicant is applying to the Tribunal for an order for possession of the premises, the application must be accompanied by a copy of the notice of termination.

4. (4)

   Pursuant to section 25(1)(b) of the Act, an application to the Tribunal under section 90 of the Act by an interested person (not being a landlord) must contain the following particulars:

   1. (a)

      the name and address of the applicant;

   2. (b)

      the address of the relevant premises;

   3. (c)

      the name of the tenant (if known), and the name and address of the landlord (if known);

   4. (d)

      the grounds on which the application is made (see section 90).

5. (5)

   The application referred to in subregulation (4) may be in the form set out in Form 8 in Schedule 1.

18Seal

1. (1)

   The Tribunal will have a seal (and may have more than one seal).

2. (2)

   The seal of the Tribunal will be fixed on such process or orders of the Tribunal as the Presiding Member may direct.

19Fees

Pursuant to section 46(1) of the Act, the fees set out in Schedule 2 are prescribed.

Schedule 1—Forms

 

Form 1

Short fixed term tenancies

Form 2

Notice by landlord to tenant to remedy breach of agreement—notice of termination

Form 3

Notice of termination by landlord (general form for periodic tenancy)

Notice of termination by housing co-operative (for fixed term or periodic agreement)

Form 4

Notice by tenant to landlord to remedy breach of agreement—notice of termination

Form 5

Notice of termination by tenant for a periodic tenancy (general form)

Form 6

Notice by landlord of storage of goods

Form 7

Application to Residential Tenancies Tribunal (by party to residential tenancy or rooming house agreement)

Form 8

Application to Residential Tenancies Tribunal for termination of tenancy where tenant's conduct unacceptable—section 90

Schedule 2—Fees

 

Application to Tribunal $35

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

  The Residential Tenancies (General) Regulations 1995 were revoked by Sch 3 cl 1 of the Residential Tenancies Regulations 2010 on 1.9.2010.

  Principal regulations and variations

  Year	No	Reference	Commencement
  1995	210	Gazette 23.11.1995 p1427	30.11.1995: r 2
  1996	16	Gazette 25.1.1996 p847 (erratum Gazette 8.2.1996 p1093)	5.2.1996: r 2
  1999	159	Gazette 29.7.1999 p626	29.7.1999: r 2
  2000	3	Gazette 13.1.2000 p64	28.2.2000: r 2
  2010	145	Gazette 10.6.2010 p2666	1.7.2010: r 2

  Provisions varied

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  Pt 1
  r 2	omitted under Legislation Revision and Publication Act 2002	1.7.2010
  Pt 2
  r 4
  r 4(1)	varied by 3/2000 r 3(a)	28.2.2000
  varied by 145/2010 r 4	1.7.2010
  r 4(2)	varied by 3/2000 r 3(b)	28.2.2000
  varied by 145/2010 r 4	1.7.2010
  r 5	varied by 159/1999 r 4(b) (Sch 2 cl 6)	29.7.1999
  r 10A	inserted by 16/1996 r 3	5.2.1996
  r 12
  r 12(1)	varied by 3/2000 r 4(a)	28.2.2000
  varied by 145/2010 r 5	1.7.2010
  r 12(2)	varied by 3/2000 r 4(b)	28.2.2000
  varied by 145/2010 r 5	1.7.2010
  r 13
  r 13(1)	varied by 3/2000 r 5(a)	28.2.2000
  varied by 145/2010 r 6	1.7.2010
  r 13(2)	varied by 3/2000 r 5(b)	28.2.2000
  varied by 145/2010 r 6	1.7.2010
  r 14	varied by 3/2000 r 6	28.2.2000
  varied by 145/2010 r 7	1.7.2010
  Pt 3
  r 17
  r 17(2)	varied by 3/2000 r 7(a)	28.2.2000
  varied by 145/2010 r 8(1)	1.7.2010
  r 17(5)	varied by 3/2000 r 7(b)	28.2.2000
  varied by 145/2010 r 8(1)	1.7.2010
  r 17(6)	deleted by 145/2010 r 8(2)	1.7.2010
  r 19	inserted by 145/2010 r 9	1.7.2010
  Schs 1—8	deleted by 3/2000 r 8	28.2.2000
  Sch 1	Sch inserted by 3/2000 r 8	28.2.2000
  Sch redesignated as Sch 1 by 145/2010 r 10	1.7.2010
  Sch 2	inserted by 145/2010 r 11	1.7.2010

  Historical versions

  28.2.2000