South Australian Current Acts

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RESIDENTIAL TENANCIES ACT 1995 - SECT 52B

52B—Special provision relating to assessments etc of prospective tenants

        (1)         A person acting in trade or commerce (other than an agent of a landlord) must not provide an assessment or rating of the suitability of a prospective tenant to enter into a residential tenancy agreement if a basis of the assessment or rating relates to—

            (a)         in the case of premises advertised or otherwise offered for rent as a fixed amount under the residential tenancy agreement—the fact that the amount of rent that the prospective tenant is willing to pay under the residential tenancy agreement is higher than the fixed amount; or

            (b)         in any other case—the amount of rent that the prospective tenant is willing to pay under the residential tenancy agreement.

Maximum penalty: $20 000.

        (2)         A person must not, except in prescribed circumstances, require or receive from a prospective tenant a payment (however described) for the provision of an assessment or rating of the suitability of the prospective tenant to enter into a residential tenancy agreement.

Maximum penalty: $20 000.

Expiation fee: $1 200.



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