South Australia Residential Tenancies Act 1995

The South Australia Residential Tenancies Act 1995 can be located from the South Australian Goverrnment website along with other useful information.

If you want to obtain a copy of the Act, you can  download a copy by clicking here.

 

Below is the contents of the ACT

Contents
Part 1—Preliminary
1 Short title
3 Interpretation
4 Presumption of periodicity in case of short fixed terms
5 Application of Act

Part 2—Administration
6 Administration of this Act
7 Ministerial control of administration
8 The Commissioner’s functions
10 Annual report

Part 3—South Australian Civil and Administrative Tribunal
Division 3—The Tribunal’s jurisdiction
24 Jurisdiction of Tribunal
25 Application to Tribunal
25A Registrar may make orders in certain cases
Division 5—Procedural powers of Tribunal
32 Intervention of designated housing agency
33 Amendment of proceedings
Division 7—Orders
35 Special powers to make orders
Division 8—Obligation to give reasons for decisions
39 Reasons for decisions
39A Time for application for review or instituting appeal

Part 4—Mutual rights and obligations of landlord and tenant
Division A1—Before entering into residential tenancy agreement
47A Prospective tenant to be notified of sale of premises
Division 1—Entering into residential tenancy agreement
48 Information to be provided by landlords to tenants
49 Residential tenancy agreements
50 Cost of preparing agreement
51 False information from tenant
Division 2—Discrimination against tenants with children
52 Discrimination against tenants with children
Division 3—Rent
53 Permissible consideration for residential tenancy
54 Rent in advance
55 Variation of rent
56 Excessive rent
56A Manner of payment of rent
57 Landlord’s duty to keep proper records of rent and other payments
58 Duty to provide statement or give receipt for rent
58A Payment of rent by electronic transaction
59 Accrual and apportionment of rent
60 Abolition of distress for rent
Division 4—Bonds
61 Bond
62 Receipt of bond and transmission to Commissioner
63 Repayment of bond
Division 5—Tenant’s entitlement to possession and quiet enjoyment
64 Vacant possession etc
65 Quiet enjoyment
Division 6—Security of premises
66 Security of premises
Division 7—Landlord’s obligation in regard to condition of the premises
67 Cleanliness
68 Landlord’s obligation to repair
Division 8—Tenant’s obligations in relation to the premises and ancillary property
69 Tenant’s responsibility for cleanliness, damage and loss
70 Alteration of premises
Division 9—Tenant’s conduct on the premises
71 Tenant’s conduct
Division 9A—Landlord’s obligation to advise of sale of premises
71A Sale of residential premises
Division 10—Landlord’s right of entry
72 Right of entry
Division 11—Statutory charges
73 Statutory charges
Division 12—Assignment
74 Assignment of tenant’s rights under residential tenancy agreement
Division 13—Tenant’s vicarious liability
75 Vicarious liability
Division 14—Harsh or unconscionable terms
76 Harsh or unconscionable terms
Division 15—Miscellaneous
77 Accelerated rent and liquidated damages
78 Duty of mitigation
78A Compensation for expenses

Part 5—Termination of residential tenancy agreements
Division 1—Termination generally
79 Termination of residential tenancy
79A Agreement for fixed term continues if not terminated
Division 2—Termination by the landlord
80 Notice of termination by landlord on ground of breach of agreement
81 Termination because possession is required by landlord for certain purposes
82 Termination of residential tenancy by community housing providers with members who are tenants
83 Termination by landlord without specifying a ground of termination
83A Notice to be given at end of fixed term
83B Termination where agreement frustrated
84 Limitation of right to terminate
Division 3—Termination by tenant
85 Notice of termination by tenant on ground of breach of the agreement
85A Termination by tenant if residential premises for sale
86 Termination by tenant without specifying a ground of termination
86A Notice to be given at end of fixed term
86B Termination where agreement frustrated
Division 4—Termination by the Tribunal
87 Termination on application by landlord
88 Termination on application by tenant
89 Termination based on hardship
89A Termination based on domestic abuse
90 Tribunal may terminate tenancy if tenant’s conduct unacceptable
Division 5—Notices of termination
91 Form of notice of termination
92 Termination of periodic tenancy
92A Notice of termination void if no action taken
Division 6—Repossession of premises
93 Order for possession
94 Abandoned premises
95 Repossession of premises
96 Forfeiture of head tenancy not to result automatically in destruction of right to possession under residential tenancy agreement
Division 7—Abandoned property
97 Abandoned property
97A Offence to deal with abandoned property in unauthorised way
97B Action to deal with abandoned property other than personal documents
97C Action to deal with abandoned personal documents
Division 8—Enforcement of orders for possession
99 Enforcement of orders for possession

Part 5A—Residential tenancy databases
99A Definitions
99B Application
99C Extra-territorial operation of Part
99D Notice of usual use of database
99E Notice of listing if database used
99F Listing can be made only for particular breaches by particular persons
99G Further restriction on listing
99H Ensuring quality of listing—landlord’s or agent’s obligation
99I Ensuring quality of listing—database operator’s obligation
99J Providing copy of personal information listed
99K Keeping personal information listed
99L Powers of Tribunal
99M Notifying relevant non-parties of Tribunal order about listing

Part 6—Residential Tenancies Fund
100 Residential Tenancies Fund
101 Application of income
102 Accounts and audit

Part 7—Rooming houses
Division 1—Interpretation
103 Interpretation
Division 2—Rooming house agreements
104 Standard terms of rooming house agreements
105 Copies of written agreements
Division 3—House rules
105A House rules
105B Amendment of house rules
105C Application to Tribunal if house rules are considered unreasonable
105D Availability of house rules
Subdivision 1—Rent and other charges
105E Permissible consideration and statutory charges
105F Rent in advance
105G Duty to provide statement or give receipt for payments
105H Payment of rent by electronic transaction
105I Rent increases
105J Rent decreases
Subdivision 2—Bonds
105K Bond
105L Receipt of bond and transmission to Commissioner
105M Repayment of bond
Subdivision 3—Other obligations of proprietor
105N Use and enjoyment of room and facilities
105O Security of premises and personal property
105P Obligation to repair and keep room and premises clean
105Q Sale of rooming house
Subdivision 4—Other obligations of resident
105R General obligations of resident
Subdivision 5—Miscellaneous
105S Accelerated rent and liquidated damages
105T Goods not to be taken in lieu of amounts owing to proprietor
Division 5—Termination of rooming house agreement
105U Termination of rooming house agreement
105UA Termination based on abuse of rooming house resident
105V Abandoned room
105W Abandoned property

Part 8—Dispute resolution
Division 1—Conciliation
Subdivision 1—Definitions for this Division
106 Definitions
Subdivision 2—Conciliation of dispute by Commissioner
107 Conciliation of dispute by Commissioner
Subdivision 4—Duties and procedure
108A Functions of Commissioner in conciliation of dispute
108B Procedure
108C Restriction on evidence
Division 2—Intervention
109 Power to intervene
6 Published under the Legislation Revision and Publication Act 2002
Division 3—Powers of the Tribunal
110 Powers of Tribunal
111 Conditional and alternative orders
112 Restraining orders
Division 4—Representation
113 Representation
114 Remuneration of representative
Part 9—Miscellaneous
115 Contract to avoid Act
117 Notice by landlord not waived by acceptance of rent
117A Liability to prosecution not to derogate from civil liability
118 Exemptions
119 Tribunal may exempt agreement or premises from provision of Act
120 Service
121 Regulations
Schedule 1—Transitional provisions—Residential Tenancies (Miscellaneous) Amendment Act 2013
1 Interpretation
2 Operation of amendments
3 Registrar and deputy registrars
4 Jurisdiction of Tribunal
5 Interest payable on repayment of bond
6 Abandoned property
7 Application to existing house rules
8 Other provisions
Schedule 2—Transitional provisions—Residential Tenancies (Miscellaneous) Amendment Act 2016
1 Interpretation
2 Operation of amendments
Legislative history