Landlord Penalty Fines in South Australia
The SA Penalty Regime After the 2024 Reforms
The 2024 amendments to the Residential Tenancies Act 1995 increased landlord penalties dramatically — some by a factor of ten. If you're working from pre-2024 information, the numbers you have are almost certainly wrong.
Here's the current penalty schedule, drawn from the amended RTA 1995 and the Housing Improvement Act 2016.
Penalties Under the Residential Tenancies Act 1995
| Offence | Maximum Fine | Expiation Fee | Section |
|---|---|---|---|
| Letting a property that fails minimum housing standards | $25,000 | $1,200 | s67A(1) |
| Soliciting rent bids or not advertising at a fixed price | $35,000 | $2,000 | s52A |
| Retaining applicant personal data beyond 3 years | $35,000 | $2,000 | s99K |
| Refusing to let because a child will live there | $25,000 | Not expiable | s52 |
| Charging for suitability assessments or ratings | $20,000 | Not expiable | s52B |
| Failing to disclose intention to sell within 3 months | $20,000 | $1,200 | s47A |
| Not providing the CBS Tenant Information Guide | $20,000 | $1,200 | s48(1) |
| Not disclosing an embedded network connection | $20,000 | $1,200 | s48(1)(ea) |
| Failing to lodge bond with the Commissioner | Up to $35,000 | — | s61 |
Expiation fees are on-the-spot fines that Consumer and Business Services can issue without going to court. The maximum fine is what a court can impose if the matter proceeds to prosecution.
Penalties Under the Housing Improvement Act 2016
| Offence | Maximum Fine | Section |
|---|---|---|
| Non-compliance with a Housing Improvement Order | $10,000 | s14 |
| HSA enforcement costs (if they do the work) | Debt secured on title + 24% p.a. interest | s16, HIR Reg 5(1) |
The Housing Safety Authority's enforcement path is different from the RTA penalties. If the HSA issues a Housing Improvement Order and you don't comply within the timeframe, two things happen: a potential $10,000 fine, and the HSA can arrange the repairs itself and charge the costs back to you as a statutory land charge on your property title.
That 24% annual interest rate on unpaid HSA enforcement costs is one of the highest statutory rates in Australian property law. It is calculated monthly, and the enforcement expenses are secured against the land by a charge registered on the property's title.
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The $25,000 Minimum Standards Fine
The penalty that worries most landlords is Section 67A — the $25,000 maximum for letting a property that fails prescribed minimum housing standards under the Housing Improvement Regulations 2017.
This fine applies at the point the tenant moves in. The standards cover structural integrity, weatherproofing, dampness, ventilation, sanitation, water supply, lighting, locks, and smoke alarms. If any of these fail on occupation day, the landlord has committed the offence — regardless of whether the tenant complains or the HSA inspects.
The $1,200 expiation fee is the lighter-touch option. CBS can issue this directly. But if the matter goes to court — particularly where the defect caused harm or the landlord was warned — the magistrate can impose the full $25,000.
Rent Control as an Indirect Penalty
Section 25 of the Housing Improvement Act 2016 gives the HSA power to impose rent control on any property declared substandard. This isn't technically a fine, but it cuts your rental income directly. The HSA sets a maximum rent that reflects the property's condition, and it stays in place until the defects are fixed and verified.
A rent-controlled property also goes on the public Substandard Property Register, which is searchable. Prospective tenants can check it, and it affects property value.
How to Avoid the Penalties
Every penalty above flows from a compliance failure that could have been caught in a pre-let inspection:
- Audit the property against the HIR 2017 standards before each new tenancy
- Lodge bonds promptly via Residential Bonds Online
- Use the prescribed Form A1 for applications
- Provide the CBS Tenant Information Guide and property inspection sheet at lease signing
- Disclose any intention to sell within 3 months
- Never solicit rent bids — advertise at a fixed price
- Engage licensed tradespeople for electrical, gas and plumbing work and retain their eCoCs
The SA Rental Minimum Standards Guide maps every penalty to the compliance step that prevents it, with the statutory references and a pre-let inspection checklist. One audit before each tenancy is the cheapest insurance against a $25,000 fine.
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