Rights and Responsibilities

Tenants of residential premises must take reasonable steps to comply with any action taken by the landlord to ensure that the premises are safe and suitable for human habitation.

Complaints and referrals

Notifications to the Housing Safety Authority (HSA) about concerns with a property can be received from any source, including:

  • emergency services
  • local councils
  • members of the public
  • real estate agents
  • support workers
  • tenants
  • visitors

Authorised officers from HSA may inspect the property without notifying the owner or agent.

Reporting a substandard property

If you are renting a property, you should:

  1. Contact your landlord or property agent in the first instance to discuss the problems with the property and ask for repairs to be carried out.
    1. If you are living in a public housing property, contact the SA Housing Authority.
    2. If you are living in a community housing property, contact your community housing provider.
  2. If there has been no action to repair the problems, contact Consumer and Business Services to discuss alternatives, including giving a written notice to carry out the repairs.
  3. If there has been no action with the above options and the defects pose a health or safety risk,  complete the Report a Substandard Property online form, or alternatively contact us at housingsafety@sa.gov.au ✉

Notice to inspect to 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 entry with a minimum of seven days and maximum of fourteen days’ notice
  • specifying a two-hour period between 8.00am and 8.00pm when the proposed entry will occur

The proposed day will be other than a Sunday or public holiday. There is no requirement to specify a two-hour period if the 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 rent control

After reviewing the property condition, a landlord may be issued with a Rent Control Notice stating the maximum amount of rent that can be charged at the property.

Landlords must not charge more than the rent amount fixed in a Rent Control Notice.  Where a property is subject to a Rent Conrol amount, this is displayed on the Substandard property register.

Notices to vacate

If the premises are so unsafe or unsuitable for human habitation, a Notice to Vacate may be issued to the occupants requiring them to vacate the premises.

All occupants must vacate the premises within the timeframes detailed in the notice. Occupants may apply to the South Australian Civil and Administrative Tribunal (SACAT) within twenty-eight (28) days for a review of the notice.

If an occupant does not vacate the premises as directed by a Notice to Vacate, the owner or HSA may apply to SACAT for an Ejectment Order.

The landlord can only terminate or vary a tenancy agreement within the first six (6) months from a HSA inspection or Order, if in place by applying to SACAT

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 that you search the Substandard Property Register.

Offences

Examples of offences by tenants or occupants carrying maximum penalties or expiation notices include:

  • Failing to comply with the direction of an Order or Notice
  • Hindering or obstructing an authorised officer, or a person assisting an authorised officer, while inspecting the property
  • Failing to answer the questions to the best of their knowledge, information and belief expect self-incrimination
  • Failing to provide reasonable assistance to facilitate an inspection when required
  • Providing false or misleading information

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