What’s the deal with South Australia’s new residential tenancy laws?

Raine and Horne Murraylands’ Milaina Gregory takes you through some of the rental law changes you need to know about.

What’s the deal with South Australia’s new residential tenancy laws?
Bridie Pratt and Milaina Gregory are here to help you work through South Australia’s new rental laws. Photo: Raine and Horne Murraylands.

This sponsored story is brought to you by Raine and Horne Murraylands.

Whether you’re a tenant, landlord or investor, it’s worth learning about the new South Australian rental laws that came into effect on July 1.

State Consumer and Business Affairs Minister Andrea Michaels has described the new laws as offering tenants a fairer deal, “while protecting the rights of landlords”.

Raine and Horne Murraylands residential property manager Milaina Gregory says a lot has changed under the new system.

“It’s all about tenant protection, which is great for tenants,” she says.

But for owners, there are new rules to be aware of.

Here are some of the things she has been highlighting to landlords and investors.

Renters with pets have increased rights

This is the one that grabbed many of the headlines around the time the rental reforms were announced in late 2022, and a reform long sought by advocates.

“A landlord can’t unreasonably withhold consent (for a pet to be kept at their property),” Milaina says.

“For example, if a tenant in a one-bedroom unit with no yard wants a husky dog, (a landlord) can reasonably refuse that; but they can’t refuse a cat.”

For more information, see the fact sheet below.

Landlords cannot refuse a lease extension without a reason

Landlords must now give a valid reason for refusing to extend a tenant’s lease, and must provide evidence if they do so.

Valid reasons include:

  • the property is being demolished, or given renovations that would make it unlivable
  • the landlord or an immediate family member plans to move in
  • the property is being sold to a new owner who wants it empty
  • the rental agreement has been breached

“Landlords … can’t not renew a lease simply because they don’t want to,” Milaina says.

“If they’re moving in, they need a witnessed stat dec.”

Tenants get a longer notice period and more privacy protections

Tenants now have a right to 60 days’ notice if a landlord plans to end their lease, up from 28.

There are new protections for tenants’ privacy, too:

  • landlords can only inspect a property four times per year
  • a landlord who plans to sell may only show prospective buyers through twice per week
  • permission is needed before agents take any photos or videos which show a tenant’s personal belongings

“More prior organisation is required,” Milaina says.

“Getting a property on the market may take longer than it did before.”

Minimum standards now apply to all rental properties

There’s too much information to include here, but basically landlords must now make sure their properties are up to standard.

That means lockable doors, functional kitchens and plumbing, no cracked windows and so on.

In addition, tenants now have the right to make minor alterations to a property, such as putting hooks in walls or installing mobility rails, so long as they restore it to its original state when they move out.

And in case you missed the previous changes…

The recent changes add to others the state government has introduced over the past couple of years.

As a reminder, rent bidding is banned – landlords cannot ask a tenant to pay a higher-than-advertised price.

Residential bonds are capped at four weeks’ rent in most cases.

Rents can only be increased once per year.

What do you want to know about real estate?

The team at Raine and Horne Murraylands are keen to hear your questions as they plan future editions of their monthly feature in Murray Bridge News.

What burning real estate questions do you need answered?

Raine and Horne’s staff have the expertise to help you out: Michael Cox and Casey DeMichele for residential sales, John DeMichele for commercial sales, Milaina and Bridie for residential tenancies, Emma Weckert and Jo Grosser for commercial tenancies or Emily DeMichele for marketing.

Email your questions to peri@murraybridge.news and we’ll get them answered for you.

More information

The team at Raine and Horne Murraylands are here to advise you on any real estate matter.

Visit www.raineandhorne.com.au/murraylands, call 8532 3833 or drop into the office at 4 Seventh Street, Murray Bridge.


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