Residential Tenancy Agreement SA

The Prescribed Form

South Australia doesn't leave lease format to the parties. Consumer and Business Services (CBS) publishes a prescribed residential tenancy agreement — separate versions for fixed-term and periodic tenancies — that landlords and property managers must use. You can download the current form from the CBS renting and letting section. Using a generic template pulled from an interstate website risks omitting SA-specific clauses and can create enforcement problems at the South Australian Civil and Administrative Tribunal (SACAT).

The prescribed form covers the core terms: property address, parties' names, rent amount and payment method, bond amount, tenancy start and end dates (if fixed-term), and special conditions. Under the 2023 amendments, rent must now be advertised and entered at a fixed dollar amount — soliciting or inviting higher rent offers is illegal under Section 52A, carrying a maximum fine of $20,000 and an expiation fee of $1,200.

Mandatory Attachments and Disclosures

A signed tenancy agreement alone isn't enough. Before or at the time of signing, the landlord must provide:

1. CBS Tenant Information Guide. Failure to provide it carries a maximum penalty of $25,000 under Section 49(3).
2. Form A1 rental application (mandatory from 1 January 2026 for applications covered by the Act). The landlord can request no more than two documents for identity verification, ability to pay rent, or suitability. The form 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.
3. Property inspection sheet. A condition report documenting the state of the property and its fixtures. The landlord must complete and sign it, then give a copy to the tenant when the tenancy agreement is entered into; the tenant can note any disagreement with the recorded condition. The Residential Tenancies Regulations 2025 prescribe the form.
4. Intention to sell disclosure. If the landlord plans to sell within three months of the lease start, this must be disclosed in writing before signing — maximum penalty $20,000.
5. Embedded network disclosure. If electricity reaches the property through an embedded network rather than a standard retailer connection, that must be disclosed in writing.

Each item has its own requirements. Missing a required disclosure or the inspection sheet can undermine a landlord's position in a later SACAT dispute, because the tribunal looks at whether the landlord fulfilled their statutory obligations before considering claims about the tenant's conduct.

Fixed-Term vs Periodic

A fixed-term agreement runs for a set period — commonly six or twelve months. When it expires without renewal, it automatically rolls into a periodic (month-to-month) tenancy under the same terms. Some landlords prefer a periodic tenancy from the start, which gives both sides more flexibility but also less certainty.

The key difference for landlords is that termination requirements depend on whether the tenancy is fixed-term or periodic and on the statutory ground being relied on. Check the current prescribed process before serving a notice. Break-lease compensation is capped at one month's rent where fewer than 24 months remain on the fixed term, following the 2023 amendments.

Special Conditions Worth Including

The prescribed form allows additional special conditions as long as they don't contradict the Residential Tenancies Act 1995. Conditions SA landlords commonly add:

• Landlord-supplied appliances. List every appliance the landlord provides — dishwasher, air conditioner, washing machine — because Section 68 repair duties apply to items in the agreement.
• Garden and outdoor maintenance. Clarify whether the tenant or landlord is responsible for lawn mowing, tree trimming, and pool maintenance.
• Pets. Since the July 2024 reforms (Sections 66C–66G), landlords must respond in writing within 14 days. Any conditions must be reasonable for the type of pet and premises; an unreasonably late or non-compliant response is taken as approval.
• Water charges. Charges are paid as agreed. If there is no agreement, the tenant pays separately metered charges based on consumption; the landlord remains responsible for statutory charges when consumption is not separately metered or the charge is not based on consumption.

Where the Lease Fits in the Compliance Sequence

The tenancy agreement is one step in a longer pre-tenancy checklist. Before you get to signing, the property must meet the minimum housing standards under the Housing Improvement Regulations 2017 — a Section 67A obligation that carries a $25,000 maximum fine. Smoke alarms must comply with AS 3786 for the building's era. Recent regulated electrical, gas, or plumbing work must have the required eCoC from a licensed tradesperson.

The SA Rental Minimum Standards guide walks through the full pre-let sequence — from the minimum housing audit through to the signed lease and disclosure package — with dated checklists for each step.

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