Legislative Changes
If you rent or are a landlord in the state of South Australia, recent laws which came into effect on 1 July 2024 could affect you. These changes go alongside existing legislation, the Residential Tenancies Act 1995.
Rent Increases
Under the 2023 Residential Tenancies (Miscellaneous) Amendment Act, landlords cannot raise the rent more than once in a twelve (12) month period for both periodic and fixed term agreements. This must be at least 12 months after the tenancy agreement was entered into, or 12 months after the previous increase in rent. Excessive increases deemed so by the tenant can also be taken to the South Australian Civil and Administrative Tribunal (SACAT) if filed within ninety (90) days.
Notice Period
This was accompanied by other landmark changes including the extension of the notice period required by landlords not renewing a fixed tenancy, now requiring sixty (60) days notice instead of the original twenty-eight (28). This endeavours to give renters more time to find alternative accommodation in such a volatile housing market.
Routine Inspections
For residential tenancies, the landlord cannot enter your home for a routine inspection more than four (4) times in a calendar year and must provide at least seven (7) days’ notice before entering the premises. The inspection must be within ‘normal hours’, 8AM to 8PM from Monday to Saturday, and can only last up to two (2) hours.
Record Keeping
Landlords must also keep appropriate records of the following payments:
- Payment dates;
- Name of the person making the payment;
- The amount paid;
- The address of the rental premises;
- Mention of bond - if it applies;
- Period of the tenancy the payment relates - if it applies; and
- A description of what the payment is for.
Renters are further entitled to request a receipt for their rental payments, which must be provided within seven (7) days of request.
Practical Implications
Renters. Know your rights. For an easily accessible breakdown of the 2024 rental changes, find the SA rental reform fact sheet on the South Australian Government Consumer and Business Services website, which denotes all changes made.
Landlords. Ensure you are up to date with all new legislation, otherwise you may find yourself subject to a dispute. The Maximum Penalties for breaking rules throughout the Residential Tenancies Act have also been increased, so it is of the utmost importance that all rules are followed.
Remember if you have a suspected breach, keep records, photos and copies of all correspondence, notify your landlord or tenant in writing, and if the breach continues, contact a solicitor for assistance. You only have a short time frame to raise a breach.
If you require any assistance as a tenant or landlord, call Wadlow Solicitors on (08) 8212 2955 to schedule an appointment.
