Owners must ensure their property is maintained to a standard that is safe, habitable and meets the minimum housing standards.  View the minimum housing standards for a property.

Obligations

Owners must apply to the South Australian Civil and Administrative Tribunal (SACAT) to terminate a lease or evict a tenant when a prescribed residential tenancy agreement is in place:

• within six (6) months of the property being inspected, or
• if an order or notice is in place (excluding a Notice to Vacate)

Properties subject to an order or notice

Orders and notices require specific actions to be taken. Owners must comply with requirements detailed in the order and notice.  Owners must not charge or receive more than the rent amount outlined in a Rent Control Notice.

Owners must:

• Advise anyone collecting rent on their behalf the property is subject to an order and the rent control amount
• Inform tenants (or potential tenants) of the order and maximum chargeable rent
• Not charge more than the maximum rent amount
• Provide tenants with a receipt for rent received
• Maintain an accurate and true record of rent received

A property can be occupied if subject to an order or notice unless the owner or occupants are directed to vacate the property through a Housing Improvement Order, Housing Demolition Order or Notice to Vacate.

Displaying orders and notices

If directed, the owner must ensure a copy of the order or notice is displayed in legible form in a prominent position at the premises.

Appealing an order or notice

An owner may apply to the SACAT within twenty-eight (28) days for a review of the order or notice.

Selling or leasing a property

When selling or leasing a property subject to an order or notice, owners must:

• Inform the agent the property is subject to an order or notice and the rent control amount, if applicable.
• Inform any prospective purchaser of the order or notice.
• Ensure each advertisement published in relation to the sale or lease includes a statement that an order or notice applies to the premises.
• If being leased and a rent control applies, ensure each advertisement includes a statement of the maximum chargeable rent amount.

Removing an Order or Notice

An order or notice will remain in place until all requirements are complied with, the property is demolished, or the property’s classification of use has been formally changed. An inspection maybe needed to support evidence of compliance. The owner may also request an inspection to support compliance of the order or notice.

Offences

The following offences carry maximum penalties or expiation notices:

• Failing to comply with the direction of an order or notice
• Hindering or obstructing an authorised officer, or a person assisting, while inspecting the property
• Failing to answer questions to the best of their knowledge, information, and belief
• Failing to provide reasonable assistance to facilitate an inspection when required
• Charging more than the rent control amount
• Failing to include correct details relating to an order or notice in all advertising and signage
• Providing false or misleading information

Purchasing a property

If the property is subject to an order or notice, the Housing Safety Authority will be requested to provide specific information to comply with the legal requirements. It will also include the maximum weekly rent that can be charged, if applicable.

It is recommended that potential purchasers consider obtaining an independent building inspection of any property prior to purchase.

Substandard property register

The substandard property register is a public list of residential premises that do not meet minimum housing standards.  
It is recommended that before purchasing or renting a property, you search the South Australian Substandard property register

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Landlords must take reasonable steps to ensure their premises are safe and suitable for human habitation. Landlords must not charge more than the maximum rent control amount.

General Duty

Landlords must take reasonable steps to ensure the residential premises are, and remain, safe and suitable for human habitation.

Notice to inspect for carry out works

A landlord needing to inspect or carry out works at the premises in connection with a Housing Assessment Order or Housing Improvement Order, must give written notice to the tenant:

• stating the purpose and date of the purposed entry with a minimum of seven days and maximum of fourteen days’ notice
• specifying a two-hour period between 8 am and 8 pm when the proposed entry will occur

The proposed day must not be a Sunday or public holiday. There is no requirement to specify a two-hour period if premises are in a remote location or it is necessary for the landlord to attend with another person to inspect the property.

Premises subject to a rent control notice

Landlords must not charge or receive more than the rent amount fixed in a Rent Control Notice.

Landlords must:

• Advise anyone collecting rent on their behalf the property is subject to an order and the rent control amount
• Inform tenants (or potential tenants) of the order and maximum chargeable rent
• Not charge more than the maximum rent amount
• Provide tenants with a receipt for rent received
• Maintain an accurate and true record of rent received

Rent records

Landlords must keep and provide records of rent if a rent control notice applies. Landlords must record the:

• date when the rent was received
• name of the person paying the rent
• amount paid
• period of tenancy to which the rent relates
• address of the premises

Rent records must be kept for two-years from the date of receiving the rent.

Terminating or varying a tenancy agreement

A landlord must apply to the South Australian Civil and Administrative Tribunal (SACAT) to terminate or vary prescribed residential tenancy agreement:

• within six (6) months of the premises being inspected, or
• if an order or notice (other than a Notice to Vacate) is in place at the premises

A landlord must not grant a new tenancy at the premises within six-months of the termination date without SACAT consent.

Offences

The following offences carrying maximum penalties or expiation notices:

• Charging more than the rent control amount
• Failing to keep accurate and true records of rent received.
• Granting a new tenancy within six (6) months of termination without SACAT consent
• Hindering or obstructing an authorised officer, or a person assisting an authorised officer, while inspecting the property
• Failing to answer questions to the best of their knowledge, information, and belief unless self-incriminating
• Providing false or misleading information

Substandard property register

The substandard property register is a public register to alert potential occupants and buyers that the residential premises does not meet minimum housing standards.

Prior to renting a property, it is recommended you search the South Australian Substandard property register.

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