The law has been clarified to make clear that rent can’t be increased within 12 months of the original tenancy agreement or the last increase, not even by mutual agreement.

From 1 July 2024 SACAT may have regard to whether a rent increase was disproportionate when determining whether a rent amount is excessive.

A tenant wanting to sub-let a property will not be able to be unreasonably refused and will not be subject to a further fee for the landlord to give consent.

New penalties have been created for existing offences that require prospective tenants to be notified if the premises is for sale and existing tenants to be given 14 days' notice when a property is to be sold.

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

A summary of each is detailed in the tables below.

Table of RTA penalties - March and July 2024

Table of Residential Parks penalties - March 2024

Some of the offences with increased penalties 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.

Landlords will be required to provide tenants with a prescribed reason to end a periodic tenancy agreement or to not renew a fixed term agreement.

These reasons are prescribed in the regulations.

Landlords will also be required to state their reasons for taking possession of a property during fixed term and periodic tenancy agreements. Currently listed at section 81 of the Residential Tenancies Act 1995 (RTA) (periodic) and regulation 16 of the Residential Tenancies Regulations 2010 (fixed), these reasons include when a landlord requires possession of the premises to sell, demolish or renovate the premises.

Tenants who believe their tenancy has been ended without proper cause have the option to apply to the South Australian Civil and Administrative Tribunal (SACAT).

The death of a sole tenant automatically results in the termination of a tenancy agreement 30 days later. Exceptions include agreements between landlords and an administrator or next of kin, orders by SACAT or earlier termination.

The notice period in which a landlord can end a fixed term rental agreement on a prescribed ground has increased from 28 days to 60 days.

After receiving such notice, a tenant vacating the property before the notice period ends will not be liable to pay rent after they vacate in certain circumstances.

Landlords are required to provide particular information to prospective tenants, including details of any private electricity network serving multiple premises (known as embedded networks).

Any exchange of falsified information or documents between landlords, tenants and those applying is also prevented, as well as reasonable steps required by landlords to protect tenant or prospective tenant information, including its safe destruction when required.

Landlords need to ensure premises comply with minimum housing standards (prescribed under the Housing Improvement Act 2016) ready for occupation.

Tenants are able to give notice of termination if the premises don’t comply, are destroyed totally, rendered unsafe or for other prescribed circumstances.

In addition, tenants can give notice of termination if they require certain care or temporary crisis accommodation and need to vacate to obtain it. They will also be able to give notice if they have accepted accommodation by the SA Housing Trust or a community housing provider.

A landlord can also ensure the payment of rent is in a reasonably convenient manner and must allow one means that is electronic and does not involve the collection of rent by a third party for a fee.

The number of inspections per year is capped to 4 and requires between 7 and 28 days' notice. It was once every 4 weeks with no more than 14 days’ notice.

SACAT may deem appropriate circumstances to permit additional inspections, upon application by a landlord or agent.

Landlords are not allowed to unreasonably refuse a tenant’s application to keep a pet in a rental property, provided the tenant agrees to comply with any reasonable conditions imposed by the landlord.

Reasonable conditions include requiring a pet to be kept outside of the rental property if the pet is not a type ordinarily kept inside and requiring carpets to be professionally cleaned at the end of the tenancy, if a pet is allowed inside.

Renters still need to seek permission from the landlord to keep a pet and they are liable if the pet causes damage.

Landlords still have a right to refuse to allow a pet if they have a justifiable reason such as the property lacking suitable space or fencing, if keeping the pet does not comply with council requirements or if the animal presents a public safety risk.

Renters can apply to SACAT if they don’t think conditions imposed are reasonable or that their request was unreasonably refused.

No unreasonable refusal of minor modifications and safety modifications are allowed by landlords.

This relates to alterations required for a disability or mobility or access needs that relate to age and are reasonable and necessary without significantly affecting the structure of the premises.

Modifications will need to be removed at the end of the tenancy if the landlord requires.

People who have experienced domestic abuse no longer need to apply to SACAT to terminate a tenancy. A notice of termination with supporting evidence prescribed by regulation is required instead.

If a tenant requires temporary crisis accommodation and needs to immediately vacate the premise, they may terminate the tenancy upon short notice.

SACAT may refund a victim’s portion of a rental bond and hold a co-tenant (listed on the lease) responsible for any damages they caused, even when the amount of compensation owed to the landlord is greater than this tenant’s portion of the bond.

Further, changes enable SACAT to invalidate a landlord’s termination notice if the tenant has been subject to domestic abuse and the termination was due to the perpetrator’s domestic abuse.

A protected person who has experienced domestic abuse or requires personal safety, and has prescribed evidence, can alter any lock or security device without landlord permission. A key needs to be given to the landlord or agent.

People who are protected by an intervention order and normally reside at the premises, but aren’t listed on the tenancy agreement, can apply to SACAT so they can remain at the premises under a new tenancy agreement without the perpetrator.

Bond lodgements can be made directly by tenants using the Residential Bonds Online (RBO) system which all landlords and agents are required to use.

Bonds will be returned to co-tenants equally unless otherwise consented to or disputed (SACAT can make orders regarding bond repayments).

Parties have been provided with certain timeframes to take actions relating to the refund of bonds. These timeframes have been reduced through regulations where all parties have access to the online bonds system.

New or replacement appliances, fittings or fixtures in rental properties need to meet certain energy efficiency and water saving standards. These have been detailed in regulations.

Previously for separately metered properties the tenant was responsible for water rates and charges not based on the level of consumption, unless agreed otherwise. This includes the fixed water supply fee and rates and charges based on the level of water consumption.

Landlords are now responsible for water supply charges that are not based on consumption unless agreed otherwise.

A tenant is not required to pay water rates and charges if the landlord fails to provide a copy of the invoice within 30 days.

The landlord is 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 as soon as practicable.

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

The Residential Tenancies Act 1995 clarifies that a landlord and tenant may agree the tenant be liable for an amount relating to the costs and charges of solar system installation.

Landlords who are aware that drug related conduct occurred on the premises are required to have testing and any necessary remediation done to comply with minimum housing standards.

A landlord is allowed to evict a tenant that has engaged in or allowed another person to engage in drug-related conduct on the premises, and testing indicates contamination because of that conduct.

Laws relating to rooming houses now cover where 2 or more rooms are available for rent, rather than on a commercial basis for three or more people.

Rooming house proprietors with rooming houses that have 5 or more rooms for rent need to be registered by meeting fit and proper person criteria and holding appropriate qualifications and experience. Registrations opening 1 July 2024 need to be completed by 30 November 2024. Decisions are reviewable by SACAT.

Proprietors are only allowed to terminate periodic rooming house agreements on a prescribed ground and giving residents 60 days’ notice. This increased from 28 days’ notice with no grounds required.

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. A new provision clarifies that prohibited payments includes 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 is still 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 needs to provide prescribed information to a resident if electricity is supplied via a connection point of an embedded network.

It has been clarified that residential tenancy agreements include arrangements giving exclusive access to a granny flat (as defined).

Before 1 April 2023 landlords were able to claim residential bonds equivalent to a maximum 6-weeks’ rent when the weekly rent was more than $250, with only a 4-week bond entitled to be claimed for properties falling below that threshold. Increasingly fewer properties fell below this threshold.

Since April the bond threshold was raised to $800 to ensure that for the majority of rental properties in South Australia, only a 4-week bond is required.

This change reduces the amount of upfront costs for tenants by between $500 and $1,600, depending on the amount of rent they are paying.

The new amount applies to any bond paid or payable under an agreement entered into on or after 1 April 2023. It also applies to bond top ups after 1 Apri 2023. Otherwise, any bond paid before this date remains lodged with CBS until the conclusion of the tenancy agreement.

Further a person holding tenant or prospective tenant personal information must take reasonable steps to protect the information from misuse, interference or loss and from unauthorised access, modification or disclosure.

These provisions commenced on 1 September 2023. A 12-month transitional period applies to comply with the requirements relating to destruction of personal information only.

A penalty of up to $20,000 or $1,200 expiation fee now applies.