New Rental Laws South Australia

Three Waves of Reform

The Residential Tenancies (Miscellaneous) Amendment Act 2023 overhauled South Australia's rental laws in three staged commencements. Each wave changed something landlords do daily, and the penalties for getting it wrong went up sharply across the board.

Wave 1 — 1 July 2024

The July 2024 commencement brought the most visible changes for both tenants and landlords.

Rent bidding banned. Section 52A now makes it illegal to solicit or invite rent offers above the advertised price. Rent must be advertised as a fixed dollar amount. Maximum fine: $20,000, with an expiation fee of $1,200.

Rent increases capped to once per year. Under Section 55, rent can only be increased once in any 12-month period, regardless of whether the tenancy is fixed-term or periodic. The previous rules allowed more frequent increases in some periodic arrangements.

Inspection frequency capped. Section 72 now limits routine property inspections to four per 12-month period. Each requires 7–28 days' written notice specifying a two-hour window during normal business hours.

Pet requests formalised. Sections 66C–66G establish a statutory process for tenants to request permission to keep a pet. The landlord must respond in writing within 14 days; refusal is allowed only on a statutory ground, and a late or non-compliant response is taken as approval.

Penalty increases across the Act. Maximum fines increased across the Act, by up to tenfold. Failing to provide the CBS Tenant Information Guide carries a maximum penalty of $25,000. Failure to lodge a bond: $35,000. Unlawful interference with quiet enjoyment: $35,000.

Wave 2 — 1 September 2025

The Residential Tenancies Regulations 2025 replaced the expiring 2010 Regulations and introduced new operational requirements.

Water efficiency standards. Regulation 19 now mandates that any replacement showerhead or tap installed in a kitchen, bathroom, or laundry must not exceed 9 litres per minute. This applies whenever a fitting is replaced — it doesn't require retrofitting existing tapware.

Appliance energy ratings. Any electrical appliance covered by the Commonwealth Greenhouse and Energy Minimum Standards (GEMS) Act installed by the landlord must carry at least a 3-star energy rating. Replacement water heaters must comply with applicable GEMS determinations.

Document collection limits. Form A1 allows a landlord to request no more than two documents for identity verification, ability to pay rent, or suitability. The form also provides space for two referees. A landlord cannot require a bank or financial statement unless outgoing transactions and the account number are redacted, or request financial information primarily based on expenditure records.

New termination ground for sale. A landlord who enters a sales agency agreement with a registered land agent can terminate the tenancy using the prescribed notice and process — formalising what was previously a grey area.

Wave 3 — 1 January 2026

Mandatory Form A1. From this date, applications covered by the Act must use the single prescribed Form A1 published by CBS. Exceptions include agreements with the SA Housing Trust or its subsidiary, an NRAS approved participant, a provider of specialist disability accommodation under the NDIS, a registered community housing provider, or a provider of housing registered under the Australian Charities and Not-for-profits Commission Act 2012. Landlords and agents who use their own application forms for covered applications are non-compliant.

What Landlords Need to Do Differently

If you've been self-managing the same way since before July 2024, several workflows need updating:

1. Advertising. Fixed dollar amount only. No "offers over" or "from" language.
2. Applications. Use Form A1 exclusively. Remove any custom application forms.
3. Disclosures. The CBS Tenant Information Guide, property inspection sheet, intention-to-sell disclosure, and embedded network disclosure are each mandatory with their own penalties.
4. Inspections. Track your inspection dates. Four per year is the hard cap — plan them quarterly.
5. Pet requests. Respond in writing within 14 days. Use only a statutory ground to refuse; a late or non-compliant response is taken as approval.
6. Replacements. Any new tap, showerhead, or appliance must meet the efficiency thresholds.
7. Record-keeping. Keep tenancy records for at least three years after the tenancy ends. Under Section 76B, destroy unsuccessful applicants' information as soon as practicable after 30 days from the date the relevant tenancy agreement is entered into, or as soon as practicable after six months from the date the information was provided if the applicant consents. Destroy tenant information as soon as practicable after three years from the end of the tenancy. The maximum penalty for failing to destroy the information is $20,000.

Why It Matters Now

The penalty structure makes the cost of non-compliance dramatically higher than it was. A single Section 67A breach for failing minimum housing standards can result in a $25,000 fine. Rent bidding can cost $20,000. These aren't theoretical — the increased fines reflect a deliberate enforcement posture from the South Australian government.

The SA Rental Minimum Standards guide is dated to these reforms and walks through every changed requirement with the specific deadlines, forms, and penalty figures — so nothing from the three waves falls through the cracks.

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