Landlord Responsibilities South Australia

The Dual Legal Framework

South Australian landlord duties sit across two statutes that work in tandem. The Residential Tenancies Act 1995 governs the tenancy relationship: leases, disclosures, repairs, entry, bonds, and termination. The Housing Improvement Act 2016 and its regulations establish the minimum housing standards enforced by the Housing Safety Authority (HSA). A landlord who meets one but not the other is still non-compliant.

Since the 2023 amendments rolled in from July 2024 through January 2026, maximum penalties across the Act have increased up to tenfold. The days of treating compliance as optional advice are over.

Before the Tenant Moves In

Minimum housing standards. Section 67A requires the property to meet the standards prescribed in the Housing Improvement Regulations 2017 on or before the day the tenant enters occupation. That covers structural soundness, weatherproofing, functioning plumbing with hot and cold water, adequate lighting and ventilation, working locks on external doors and latches on windows, and freedom from hazardous materials. Failure carries a maximum fine of $25,000.

Smoke alarms. The requirements depend on when the building was approved. Pre-1995 buildings need at least battery-powered alarms complying with AS 3786. Buildings approved between 1995 and May 2014 need 240V hard-wired alarms with battery backup. Post-May 2014 builds need interconnected 240V photoelectric alarms. If the property changed hands after 1 February 1998, pre-1995 buildings must be upgraded to 240V or 10-year sealed lithium battery alarms.

Mandatory disclosures. Before signing the lease, provide the CBS Tenant Information Guide, use the prescribed Form A1 rental application (mandatory from 1 January 2026), complete a signed property inspection sheet, and disclose any intention to sell within three months or any embedded electricity network.

Bond lodgement. The maximum bond is four weeks' rent when weekly rent is $800 or less, and six weeks when it is more than $800. Give the tenant a receipt within 48 hours and lodge the bond with CBS within two weeks (or four weeks for a registered land agent). Failing to lodge carries a fine of up to $35,000.

During the Tenancy

Repairs under Section 68. Maintain the property in a reasonable state of repair throughout the tenancy, considering its age, character, and expected life. You're not liable unless you have notice of the defect and fail to act with reasonable diligence. Urgent repairs — burst pipes, gas leaks, electrical faults — require immediate action. If you're unresponsive, the tenant can hire a licensed tradesperson and claim reimbursement.

Trade certification. Where an eCoC is required for regulated electrical, gas, or plumbing work, it must be completed by a licensed contractor and submitted to the Office of the Technical Regulator (OTR) in the relevant trade category. Retain the certificates in your compliance file.

Entry rules under Section 72. You can't enter the property whenever you like. Routine inspections require 7–28 days' written notice, capped at four per year, within a two-hour window during normal hours. Non-emergency repairs need at least 48 hours' notice. No advance notice is required for a genuine emergency or when the tenant consents at or immediately before entry.

Rent increases. Rent can only be increased once in any 12-month period. A fixed-term agreement must specifically allow an increase and state how it is calculated. Give at least 60 days' written notice using the prescribed notice form.

Privacy and records. Destroy an unsuccessful applicant's information as soon as practicable after 30 days from the date the relevant tenancy agreement is entered into, or, with the applicant's consent, as soon as practicable after six months from the date the information was provided. Destroy tenant information as soon as practicable after three years from the end of the tenancy under Section 76B; the maximum penalty for failing to do so is $20,000. Keep your own compliance records — inspection sheets, trade certificates, entry notices, repair logs — for at least three years after the tenancy concludes.

Landlord Rights

Responsibilities come with corresponding rights. SA landlords can:

• Collect rent on the agreed date and use the prescribed process if rent falls into arrears
• Inspect the property up to four times a year with proper notice
• Claim against the bond for damage beyond fair wear and tear, with evidence
• Apply to SACAT for orders including compensation, repairs compliance, or termination on prescribed grounds
• Respond in writing to a tenant's pet request within 14 days. A refusal must rely on a ground permitted by Sections 66C–66G; a late or non-compliant response is taken as approval.

The critical point: every right is exercisable only when the landlord has met their own obligations. A SACAT application for bond compensation will be weighed against whether the landlord provided the inspection sheet, lodged the bond, and maintained the property.

Keeping It Together

The practical challenge for self-managing landlords is that these duties are spread across CBS, HSA, OTR, and SACAT — four agencies, each with their own forms, portals, and deadlines. The SA Rental Minimum Standards guide consolidates them into a single dated workflow with audit worksheets, so every obligation has a record and a sign-off in one place.

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