South Australian Current Acts

HOUSING IMPROVEMENT ACT 2016 - SECT 32

32—Orders and notices under this Part to be declared in advertisements for sale or lease of land and in lease agreement

        (1)         If residential premises to which an order or notice under this Part (other than a preliminary rent control notice) applies are offered for sale, the vendor must ensure that each advertisement published or caused to be published by the vendor in relation to the sale includes a statement that such order or notice applies to the premises.

Maximum penalty: $2 500.

Expiation fee: $210.

        (2)         If residential premises to which an order or notice under this Part (other than a preliminary rent control notice) applies are offered for lease, the lessor must ensure that—

            (a)         each advertisement published or caused to be published by the lessor for the lease, and the lease agreement, includes a statement that such order or notice applies to the premises; and

            (b)         if a rent control notice applies to the premises—any oral or written representation made to a lessee about the amount of rent payable for the premises includes a statement that the rent payable is the amount fixed under the rent control notice.

Maximum penalty: $2 500.

Expiation fee: $210.

        (3)         A statement required to be made under subsection (1) or (2) in an advertisement or document must be in legible form and appear in a reasonably prominent position in the advertisement or document.

Maximum penalty: $2 500.

Expiation fee: $210.

        (4)         If a person fails to comply with subsection (2), the lessee may rescind the lease by giving notice to the person in the prescribed manner and form of the lessee's intention not to be bound by the lease.

        (5)         In this section—

"lessee", in relation to premises, includes a prospective lessee and a person authorised to act on behalf of a lessee or prospective lessee in the lease of the premises;

"lessor", in relation to premises, includes a prospective lessor and a person authorised to act on behalf of a lessor or prospective lessor in the lease of the premises;

"vendor", in relation to premises, includes a prospective vendor and a person authorised to act on behalf of a vendor or prospective vendor in the sale of the premises.