Landlords/agents must advertise premises at a fixed amount and must not solicit or otherwise invite an offer for higher rent. This means landlords are no longer able to advertise properties with a rent range, put properties up for rent auction, or solicit offers over the advertised rental price.

Additionally, where a third party is facilitating tenancy applications, any rating or assessment of a prospective tenant must not be based on an offer of higher rent.

A landlord must ensure that a home complies with minimum housing standards under the Housing Improvement Act 2016 on or before the tenant enters occupation of the premises.

See more information in the Modifications and minimum standards fact sheet.

Landlords/agents cannot request certain information from prospective tenants or another person. This includes whether the tenant has been involved in legal action, a tenancy dispute or s80 termination, information about bond sources and history, whether the SA Housing Authority was a past landlord, certain financial information, particular details relating to employment, medical records, information relating to content on a social media service, vehicle registration, pet microchip identifier, level of education or why they wish to move to the premises.

Further, prospective tenants are deterred from giving false information to landlords and agents following the introduction of penalties.

See more information in the Tenant information – keeping personal details secure fact sheet.

People who hold information of a tenant or prospective tenant must take reasonable steps to protect this information.

From 1 September 2024 new legislated timeframes for destruction of prospective tenant information also apply. That is:

• if the application is successful: 3 years after the end of the tenancy
• for unsuccessful applicants, 30 days after the tenancy is let – or if the applicant agrees, 6 months after providing the information. (This could be to assist with future applications.)

A tenant concerned about the use or non-protection of their information can seek orders from SACAT.

See more information in the Tenant information – keeping personal details secure fact sheet.

Residential bonds have been reduced for most new tenancies since 1 April 2023 to a maximum of 4 weeks’ rent, compared to 6 weeks’ previously.

This follows a rise in the bond threshold applying to properties for which tenants pay $800 or less in weekly rent. Those more than $800 per week can still be subject to a landlord’s bond request of the equivalent of up to 6 weeks’ rent.

New provisions allow for tenants to create a Residential Bonds Online (RBO) account and directly lodge bonds online, manage them and seek refunds.

Bonds will also be returned to co-tenants equally unless otherwise consented to (that is to be distributed in unequal amounts) or disputed.

See more on sa.gov.au at Lodging a bond and Managing a bond.

Rent cannot be increased more than once in a 12-month period.

If a tenancy agreement changes from fixed to periodic the rent cannot be increased within 12 months of the original agreement starting, or the last increase. Rent also cannot be increased by mutual agreement within 12 months of the agreement starting, or last increase.

A landlord or agent must not unreasonably withhold consent for a tenant to sub-let a property. Neither can they charge a fee for giving consent to a tenant to sub-let the property.

Routine inspections are capped at 4 per year. Notice must be given to the tenant 7 to 28 days prior to the day of entry. SACAT may order that additional inspections are permitted, if deemed appropriate.

Tenants can have pets in rental homes, subject to approval and reasonable conditions in a residential tenancy agreement.

Read more in the Renting with pets – rights and responsibilities fact sheet.

Forms have been available to use from 1 July 2024 (download to fill and sign electronically if preferred).

Application for approval to keep a pet on rental premises form

Notice of response to pet application form

Tenants with pets in rental premises approved by their landlord prior to 1 July 2024 are encouraged to send the new application form to their landlord to get formal pet approval under the new pet laws. Formal approval will ensure tenants have all protections provided under the new laws. This is particularly important for those who do not have a current written agreement with their landlord relating to the pet.

Minor alterations or safety modifications can’t be unreasonably refused by a landlord, subject to guidelines. Alterations or additions cannot significantly change the premises, among other things including the requirement for alterations to be removed at the end of the tenancy.

Read more in the Modifications and minimum standards fact sheet.

Landlords are required to comply with specific energy and water efficiency requirements, prescribed by the Regulations, when installing or replacing appliances, fittings or fixtures.

Read more in the Energy and water charges fact sheet.

Landlords can only terminate, or not renew, a tenancy due to one of the prescribed grounds.

Read more in the Terminating a tenancy fact sheet.

The notice period for landlords not renewing a fixed term tenancy is being extended from 28 days to 60 days.

New options supporting tenants experiencing domestic abuse include opportunities to change locks, end a tenancy immediately, or give 7 days’ notice to vacate for temporary crisis accommodation.

Additional powers for the South Australian Civil and Administrative Tribunal (SACAT) enable it to make orders that prevent the landlord terminating a tenancy if the ground for termination was caused by the abuser, ordering a new tenancy agreement in the victims’ name only, allocating a portion of the bond refund to the person experiencing violence and holding an abusive co-tenant solely responsible for damages.

Read more in the Domestic abuse protections fact sheet.

The landlord is responsible for rates and charges not based on the level of consumption, such as the water supply charge. If the premises is separately metered, the landlord and tenant may agree otherwise. A tenant is not required to pay rates or charges for a prescribed service if the landlord fails to provide a copy of the invoice within 30 days.

The landlord will be responsible for excessive water use charges caused by a fault in water infrastructure, equipment or other appliances, fittings or fixtures at or connected to the property – if the tenant has notified the landlord of the fault as soon as practicable.

The landlord will not be responsible for costs associated with a fault that is the responsibility of the water industry entity.

If the landlord supplies electricity to residents via an embedded network, they must provide specific details to the tenant.

Read more in the Energy and water charges fact sheet.

A landlord may terminate a tenancy agreement if they are aware the tenant has engaged in or allowed another person to engage in drug related conduct on the premises and testing for contamination conducted in accordance with section 67B indicates that the premises is contaminated because of that drug related conduct.

Requirements exist to ensure any drug contamination is cleaned up before further habitation.

If a landlord is aware that drug related conduct has occurred on the premises, they must ensure it is tested within 1 month of giving the tenant notice that the premises will be tested and if necessary remediated as soon as reasonably practicable to comply with minimum housing standards (under the Housing Improvement Act 2016).  See sections 80A and 67B of the Act for more information.

Read more in the Terminating a tenancy fact sheet.

New penalties have been created and all existing penalties increased under the Residential Tenancies Act 1995 and the Residential Parks Act 2007 to better represent current day values to act as a deterrent.

A summary of each is detailed in the tables below.

Table of Residential Tenancies Act 1995 penalties (coming soon)

Table of Residential Parks Act 2007 penalties

Some of the offences that increased penalties apply to include:

• charging excessive rent or rent in advance
• discriminating against tenants with children
• keeping inadequate records of payments
• interfering with tenants' privacy that amounts to harassment
• incorrectly listing a tenants' history on a tenant database ('black list')
• not lodging a bond
• entering into an agreement to evade the operation of the Residential Tenancies Act 1995
• all residential parks offences.

A person must not operate a designated rooming house without being registered from 30 November 2024. A designated rooming house is now defined as one offering five or more rooms available for rent.

The Commissioner must be satisfied that a proprietor of a designated rooming house is a fit and proper person to be registered, has qualifications and experience that the Commissioner considers appropriate and pays the prescribed application and annual return fees. The Commissioner may impose conditions on, suspend or cancel a registration. Should a proprietor be dissatisfied with a reviewable decision regarding the registration they may apply to SACAT for a review.

See more in the updated Rooming House Proprietors Guide (coming soon).

A proprietor may only terminate a periodic rooming house agreement on a prescribed ground and by giving 60 days’ notice.

See the details outlined in the Guide for rooming house residents and Easy read - Rooming resident rights (coming soon).

A person must not require or receive a payment from a resident other than rent or a bond (or both) under a residential park agreement or as a condition to entering into, renewing or extending a residential park agreement.

New provisions clarify that prohibited payments include a reference to entry or exit fees, a management fee, a fee for amenities provided by the park (known as a communal contribution fee) or any other prescribed fee regardless of how the payment is described, including if these fees are described as “deferred rent”.

The resident and park owner will still be able to agree to defer the payment of rent under an agreement so that it is paid at a later date than when it would fall due. Late rental payments must be calculated with specific reference to the regular rent fee payable for occupation. For example, a residential park owner may agree to allow a resident to pay $20 of the weekly rent of $200 late such that $180 is paid now and $20 is paid after the due date.

A park owner will need to provide prescribed information to a resident if electricity is supplied via a connection point of an embedded network.

See more in the updated Residential Parks FAQs  (coming soon).