South Australian Current Acts

RESIDENTIAL TENANCIES ACT 1995

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Presumption of periodicity in case of short fixed terms
   5.      Application of Act

   PART 2--Administration

   6.      Administration of this Act
   7.      Ministerial control of administration
   8.      The Commissioner's functions
   10.     Annual report

   PART 3--South Australian Civil and Administrative Tribunal

           Division 3--The Tribunal's jurisdiction

   24.     Jurisdiction of Tribunal
   25.     Application to Tribunal
   25A.    Registrar may make orders in certain cases

           Division 5--Procedural powers of Tribunal

   32.     Intervention of designated housing agency
   33.     Amendment of proceedings

           Division 7--Orders

   35.     Special powers to make orders

           Division 8--Obligation to give reasons for decisions

   39.     Reasons for decisions
   39A.    Time for application for review or instituting appeal

   PART 4--Mutual rights and obligations of landlord and tenant

           Division A1--Before entering into residential tenancy agreement

   47A.    Prospective tenant to be notified of sale of premises
   47B.    Prospective tenant--requirements relating to provision of information
   47C.    Advertising premises and misleading etc conduct

           Division 1--Entering into residential tenancy agreement

   48.     Information to be provided by landlords to tenants
   49.     Residential tenancy agreements
   50.     Cost of preparing agreement
   51.     False information from tenant

           Division 2--Discrimination against tenants with children

   52.     Discrimination against tenants with children

           Division 3--Rent

   52A.    Premises to be offered for rent at fixed amount
   52B.    Special provision relating to assessments etc of prospective tenants
   53.     Permissible consideration for residential tenancy
   54.     Rent in advance
   55.     Variation of rent
   56.     Excessive rent
   56A.    Manner etc of payment of rent
   57.     Landlord's duty to keep proper records of rent and other payments
   58.     Duty to provide statement or give receipt for rent
   58A.    Payment of rent by electronic transaction
   59.     Accrual and apportionment of rent
   60.     Abolition of distress for rent

           Division 4--Bonds

   61.     Bond
   62.     Receipt of bond and transmission to Commissioner
   63.     Repayment of bond

           Division 5--Tenant's entitlement to possession and quiet enjoyment

   64.     Vacant possession etc
   65.     Quiet enjoyment

           Division 6--Security of premises

   66.     Security of premises
   66A.    Altering locks etc for premises in certain circumstances
   66B.    Application to Tribunal to alter etc locks or security devices without consent

           Division 6A--Keeping of pets on premises

   66C.    Keeping of pets on premises
   66D.    Grounds for refusing pets being kept on premises
   66E.    Tenant may seek Tribunal orders
   66F.    Continuation of approval to keep pet on premises
   66G.    Limitation of landlord's liability

           Division 7--Landlord's obligation in regard to condition of the premises

   67.     Cleanliness
   67A.    Occupation of premises that do not comply with minimum housing standards
   67B.    Testing and remediation in relation to drug contamination
   68.     Landlord's obligation to repair
   68A.    Minimum efficiency standards

           Division 8--Tenant's obligations in relation to the premises and ancillary property

   69.     Tenant's responsibility for cleanliness, damage and loss
   70.     Alteration of premises

           Division 9--Tenant's conduct on the premises

   71.     Tenant's conduct

           Division 9A--Landlord's obligation to advise of sale of premises

   71A.    Sale of residential premises

           Division 10--Landlord's right of entry

   72.     Right of entry

           Division 11--Statutory charges

   73.     Statutory charges
   73A.    Agreements relating to installation of solar energy systems
   73B.    Excessive water usage charges

           Division 12--Assignment and sub-letting

   74.     Assignment and sub-letting by tenant
   74A.    Tenant may apply to Tribunal
   74B.    Landlord cannot demand or receive fee for giving consent

           Division 13--Tenant's vicarious liability

   75.     Vicarious liability

           Division 13A--Maximum liability for rent payable following tenant's termination of fixed term tenancy

   75A.    Maximum liability for rent payable following tenant's termination of fixed term tenancy

           Division 14--Harsh or unconscionable terms

   76.     Harsh or unconscionable terms

           Division 14A--Tenant information

   76A.    Preliminary
   76B.    Dealing with tenant information and prospective tenant information
   76C.    Powers of Tribunal

           Division 15--Miscellaneous

   77.     Accelerated rent and liquidated damages
   78.     Duty of mitigation
   78A.    Compensation for expenses

   PART 5--Termination of residential tenancy agreements

           Division 1--Termination generally

   79.     Termination of residential tenancy
   79A.    Agreement for fixed term continues if not terminated

           Division 1A--Termination following death of sole tenant

   79B.    Termination following death of sole tenant

           Division 2--Termination by the landlord

   80.     Notice of termination by landlord on ground of breach of agreement
   80A.    Termination by landlord on ground of drug contamination
   81.     Termination because possession is required by landlord for certain purposes
   82.     Termination of residential tenancy by community housing providers with members who are tenants
   83.     Termination by landlord on ground prescribed
   83A.    Notice to be given at end of fixed term
   83B.    Termination where agreement frustrated
   84.     Tribunal must approve certain terminations
   84A.    Compensation for termination in certain circumstances

           Division 3--Termination by tenant

   85.     Notice of termination by tenant on ground of breach of the agreement
   85AA.   Notice of termination by tenant for successive breaches of agreement
   85A.    Termination by tenant if residential premises for sale
   85B.    Notice of termination by tenant due to condition of premises
   85C.    Notice of termination by tenant in certain circumstances
   85D.    Notice of termination by tenant on ground of domestic abuse
   86.     Termination by tenant without specifying a ground of termination
   86A.    Notice to be given at end of fixed term
   86B.    Termination where agreement frustrated

           Division 4--Termination by the Tribunal

   87.     Termination on application by landlord
   88.     Termination on application by tenant
   89.     Termination based on hardship
   89A.    Termination based on domestic abuse
   90.     Tribunal may terminate tenancy if tenant's conduct unacceptable

           Division 4A--Tribunal may make orders in relation to retaliatory behaviour and circumstances of domestic abuse

   90A.    Tribunal may make orders in relation to retaliatory behaviour
   90B.    Tribunal may make orders in relation to circumstances of domestic abuse

           Division 5--Notices of termination

   91.     Form of notice of termination
   91A.    Prohibition on letting premises after notice of termination
   92.     Termination of periodic tenancy
   92A.    Notice of termination void if no action taken

           Division 6--Repossession of premises

   93.     Order for possession
   94.     Abandoned premises
   95.     Repossession of premises
   96.     Forfeiture of head tenancy not to result automatically in destruction of right to possession under residential tenancy agreement

           Division 7--Abandoned property

   97.     Abandoned property
   97A.    Offence to deal with abandoned property in unauthorised way
   97B.    Action to deal with abandoned property other than personal documents
   97C.    Action to deal with abandoned personal documents

           Division 8--Enforcement of orders for possession

   99.     Enforcement of orders for possession

   PART 5A--Residential tenancy databases

   99A.    Definitions
   99B.    Application
   99C.    Extra-territorial operation of Part
   99D.    Notice of usual use of database
   99E.    Notice of listing if database used
   99F.    Listing can be made only for particular breaches by particular persons
   99G.    Further restriction on listing
   99H.    Ensuring quality of listing--landlord's or agent's obligation
   99I.    Ensuring quality of listing--database operator's obligation
   99J.    Providing copy of personal information listed
   99K.    Keeping personal information listed
   99L.    Powers of Tribunal
   99M.    Notifying relevant non-parties of Tribunal order about listing

   PART 6--Residential Tenancies Fund

   100.    Residential Tenancies Fund
   101.    Application of income
   102.    Accounts and audit

   PART 7--Rooming houses

           Division 1--Interpretation

   103.    Interpretation

           Division 1A--Registration of proprietors of designated rooming houses

   103A.   Interpretation
   103B.   Proprietors must be registered to carry on business relating to designated rooming houses
   103C.   Registration
   103D.   Annual return and fee
   103E.   Notification of change in circumstances
   103F.   Cancellation or suspension of registration
   103G.   Review by Tribunal

           Division 2--Rooming house agreements

   104.    Standard terms of rooming house agreements
   105.    Copies of written agreements

           Division 3--House rules

   105A.    House rules
   105B.    Amendment of house rules
   105C.    Application to Tribunal if house rules are considered unreasonable
   105D.   Availability of house rules

           Division 4--Mutual rights and obligations of proprietors and residents

              Subdivision 1--Rent and other charges

   105E.   Permissible consideration and statutory charges
   105F.   Rent in advance
   105G.   Duty to provide statement or give receipt for payments
   105H.   Payment of rent by electronic transaction
   105I.   Rent increases
   105J.   Rent decreases

              Subdivision 2--Bonds

   105K.   Bond
   105L.   Receipt of bond and transmission to Commissioner
   105M.   Repayment of bond

              Subdivision 3--Other obligations of proprietor

   105N.   Use and enjoyment of room and facilities
   105O.   Security of premises and personal property
   105P.   Obligation to repair and keep room and premises clean
   105PA.  Minimum efficiency standards
   105Q.   Sale of rooming house

              Subdivision 4--Other obligations of resident

   105R.   General obligations of resident

              Subdivision 5--Miscellaneous

   105S.   Accelerated rent and liquidated damages
   105T.   Goods not to be taken in lieu of amounts owing to proprietor

           Division 5--Termination of rooming house agreement

   105U.   Termination of rooming house agreement
   105UA.  Termination based on abuse of rooming house resident
   105V.   Abandoned room
   105W.   Abandoned property

   PART 8--Dispute resolution

           Division 1--Conciliation

              Subdivision 1--Definitions for this Division

   106.    Definitions

              Subdivision 2--Conciliation of dispute by Commissioner

   107.    Conciliation of dispute by Commissioner

              Subdivision 4--Duties and procedure

   108A.   Functions of Commissioner in conciliation of dispute
   108B.   Procedure
   108C.   Restriction on evidence

           Division 2--Intervention

   109.    Power to intervene

           Division 3--Powers of the Tribunal

   110.    Powers of Tribunal
   111.    Conditional and alternative orders
   112.    Restraining orders

           Division 4--Representation

   113.    Representation
   114.    Remuneration of representative

           Division 5--Other matters

   114A.   Internal review in relation to certain orders

   PART 9--Miscellaneous

   115.    Contract to avoid Act
   117.    Notice by landlord not waived by acceptance of rent
   117A.   Liability to prosecution not to derogate from civil liability
   118.    Exemptions
   119.    Tribunal may exempt agreement or premises from provision of Act
   120.    Service
   121.    Regulations and fee notices
           SCHEDULE 1--Transitional provisions--Residential Tenancies (Miscellaneous) Amendment
           SCHEDULE 2--Transitional provisions--Residential Tenancies (Miscellaneous) Amendment
           SCHEDULE 3--Transitional provisions--Residential Tenancies (Miscellaneous) Amendment
           Legislative history