If you’re a tenant or a landlord, there are significant changes to South Australia’s rental laws that you need to be aware of. The laws have been updated with the most recent reforms that came into effect on 1 July 2024.

The changes are part of an overhaul of SA's renting laws to modernise the protections and requirements for landlords and tenants. It’s the biggest update of rental laws since they were introduced almost 30 years ago and follows a review of the entire Residential Tenancies Act 1995.

Whether you own an investment property or rent your home from a landlord, it’s important to have a good grasp of your rights and responsibilities. Read on for a brief rundown of the rental reforms.

Reforms already in place

Several changes were made in 2023, delivering more affordable rental bonds, banning the soliciting of rent bidding and better protecting tenant information.

In March 2024, it was ensured rent can’t be increased more than once in 12 months. New and tougher penalties were also introduced to deter breaches and better reflect present-day values. Additionally, sub-letting at no extra cost can no longer be unreasonably refused.

The 1 July 2024 changes in a nutshell

The biggest changes commenced on 1 July 2024 when this phase of SA’s reforms became operational. They include longer notice periods for ending tenancies, requiring prescribed reasons to terminate a tenancy, caps on routine inspections (4 per year) and more options for tenants experiencing domestic abuse.

Landlords must provide consent to minor alterations or safety modifications that are necessary for disability or mobility requirements unless there are reasonable grounds to refuse them. The tenant is responsible for reversing changes at the end of the tenancy. See the factsheet Minor alterations or safety modifications for more information.

Better controls are in place for water and energy billing. Landlords cannot pass on statutory charges connected with a property such as sewerage and council rates. A landlord or agent must let tenants know if their electricity is being provided via an embedded network. These networks are sometimes in place where there are multiple homes or units – such as  apartment blocks - and the wiring of the site is configured to allow the owner to sell or on-sell energy to the tenants. More information about water, electricity and gas charges is outlined in the Water and energy billing factsheet.

Rental properties must meet minimum housing standards, and there are requirements for more efficient appliances when landlords install or replace appliances, fittings or fixtures.

One of the most significant changes for renters is the ability to keep a pet in a rental property. Landlords can no longer place blanket pet bans on their properties and can only refuse an application to keep a pet if the refusal is based on a ground listed in the Residential Tenancies Act. But landlords can impose reasonable conditions having regard to the type of pet and nature of the premises. It’s also important to note that strata or community title premises, rooming houses and residential parks are governed by their own by-laws or rules which occupants will be required to follow. See the factsheet Renting with pets for more detail about the new pet rules.

Tenants can now lodge their bonds directly online, manage them and seek refunds. Tenants can simply place their details in the Residential Bonds Online system and pay direct.

Registration of designated rooming house providers support increased protections for rooming house residents.

The stronger laws are supported by a new Tenants’ Advice and Advocacy Service – provided by RentRight SA. This free and independent service will help tenants to resolve rental issues avoiding the need for tribunal action.

Industry notes

The new laws have been designed to meet the needs of today’s rental housing market, improve protections for renters and ensure landlords can continue to manage their properties effectively. This means significant changes to the way landlords and agents manage tenancies.

Items to note include the requirement to have a prescribed ground to terminate or not renew a tenancy. Sixty days’ notice is required by a landlord terminating a fixed-term tenancy agreement at the end of the term (previously 28 days).

The new laws provide clarity that residential tenancy agreements may apply to granny flats.

If you’re a landlord see the factsheet Summary of tenancy reforms for landlords and agents to make sure you’re up to speed with the changes and that you know your rights and obligations.

More information

For more detail, helpful factsheets and updated tenancies forms, visit the rental reforms page on the CBS website.