If you rent or invest in property in South Australia, you’re probably already well aware of the rental reforms that came into effect on 1 July 2024.
Even if you have a great property manager keeping you informed, it’s imperative, as an investor or renter, that you know your rights and responsibilities under these changes.
In this video Kate outlines in detail all the changes and what they mean for you.
It’s a must-watch for South Australians or for those with property in South Australia.
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If you’d like entirely independent and unbiased advice that’s right for your unique situation and goals, then get in touch with us today.
Hello, everyone.
How are you all doing out there?
I am Kate Hill, bringing you the best unbiased, honest content on property along with fantastic hints and tips.
Today, stay tuned. An important topic, South Australia’s rental reforms and what every investor needs to know.
On the first of July twenty twenty four, the South Australia government implemented a variety of rental reforms to better protect the rights and responsibilities of investors and tenants.
Now the vast majority of investors are smart creatures and use the services of professional property managers who will interpret these reforms and communicate them directly to you.
But, the smartest investors make sure that they also understand any legislation changes that may impact their investment property or portfolios.
Below is a bit of a precis of some of the new SA rental reforms for your educational purposes.
You can also access the official fact sheets, of course, with all the latest changes online.
So let’s start with requiring a prescribed ground for landlords to terminate or not renew a fixed term or periodic tenancy.
A landlord requiring possession of their property can end a periodic tenancy under section eighty one of the Residential Tenancies Act nineteen ninety five by giving at least sixty days notice to the tenant because possession is required for demolition.
Possession is required to carry out repairs or renovations that cannot be done with reasonable convenience while the tenant remains in the premises. Possession is required for occupation by the landlord, their spouse, child, parent, or spouse of a child or parent or whatever.
The landlord needs to give vacant possession to a purchaser.
Extending the notice period for landlords not renewing a fixed tenancy from twenty eight days to sixty days. Sixty days notice is required by the landlord terminating a fixed term tenancy agreement at the end of the fixed term on a prescribed ground, which was previously twenty eight days.
When the tenant receives notice that their tenancy will not be renewed, they may vacate their rental property within the notice period and not be liable to pay rent after they vacate, providing they have given the landlord seven days notice of their intention to vacate early.
Allowing tenants to have pets in rental homes subject to approval and reasonable conditions.
Tenants applying to keep a pet in a rental premises can no longer have their application refused unless the refusal is based on a ground listed in the Residential Tenancies Act.
A landlord can no longer just simply state no pets allowed and also can’t charge a separate pet bond. But the landlord can impose reasonable conditions having regard to the type of pet and nature of the premises.
Requiring compliance with minimum housing standards, really important stuff, guys.
Rental premises must comply with minimum housing standards at the beginning of a tenancy.
These standards are set under the Housing Improvement Act two thousand and sixteen and the Housing Improvement Regulations two thousand and seventeen.
If they don’t, the tenant can request the landlord agent undertake urgent repairs to meet these standards.
During occupation, the tenant may also serve a notice of termination if the premises does not comply with the minimum housing standards, is destroyed totally, or is, to an extent, it’s unsafe.
New options supporting tenants experiencing domestic abuse.
A tenant experiencing domestic abuse can give notice of termination accompanied with the relevant evidence prescribed in the regulations or can terminate the tenancy if an intervention order is in force for their protection or the protection of someone else who lives at the premises against a person who normally lives at the premises.
The termination notice can specify a termination date on or after the day that notice is given, which might be before the end of the fixed term.
Landlords and agents are required to deal with evidence and information received with this notice in a confidential manner, allowing minor alterations or safety modifications to the premises to be removed at the end of tenancy.
A landlord or agent cannot unreasonably withhold consent to alterations or additions to the premises that relate to minor alterations or additions, reasonable changes necessary for disability assistance, reasonable changes necessary for mobility or access needs relating to age.
Requests to the landlord or agent should detail the nature of the alterations and modifications.
Information on how the property can be restored back to its former state at the end of the tenancy.
The landlord’s or the agent’s consent must be given in writing.
Earlier rental reforms.
So several changes were made in twenty twenty three and in March twenty twenty four, including limiting rent increases to just once a year.
So some of these key reforms included more affordable rental bonds.
Residential bonds were reduced for most new tenancies since the first of April twenty three to a maximum of four weeks rent compared to six weeks previously.
Now this followed a rise in the bond threshold applying to properties for which tenants pay eight hundred dollars or less a week.
Those who pay more than eight hundred dollars a week can still be subject to a landlord’s bond requesting the equivalent of up to six weeks rent.
Soliciting of rent bidding is banned.
Landlords and agents must advertise premises at a fixed amount and must not solicit or in any way otherwise invite higher offers of rent.
This means that landlords are no longer able to advertise property with a rent range.
They can’t put properties up for rent auction or solicit offers over the advertised rental price.
Additionally, where a third party is facilitating tenants applications, any rating or assessment of a prospective tenant must not be based on an offer of higher rent.
The frequency of rent increase is limited to once in a twelve month period. Rent cannot be increased more than once in a twelve month period. If a tenancy agreement changes from fixed to periodic, the rent cannot be increased within twelve months of the original agreement starting or the last increase.
Rent also cannot be increased by mutual agreement within twelve months of the agreement starting or the last increase.
Lots of things to get your head around, guys. Talk to your local property managing expert.
I can’t stress that highly enough how important that is.
I will keep you posted on all things property from around Australia as our year progresses.
Don’t forget to hit the like and subscribe button if you are enjoying the free content, and I will see you all again really soon.
Bye.
Hello, everyone.
How are you all doing out there?
I am Kate Hill, bringing you the best unbiased, honest content on property along with fantastic hints and tips.
Today, stay tuned. An important topic, South Australia’s rental reforms and what every investor needs to know.
On the first of July twenty twenty four, the South Australia government implemented a variety of rental reforms to better protect the rights and responsibilities of investors and tenants.
Now the vast majority of investors are smart creatures and use the services of professional property managers who will interpret these reforms and communicate them directly to you.
But, the smartest investors make sure that they also understand any legislation changes that may impact their investment property or portfolios.
Below is a bit of a precis of some of the new SA rental reforms for your educational purposes.
You can also access the official fact sheets, of course, with all the latest changes online.
So let’s start with requiring a prescribed ground for landlords to terminate or not renew a fixed term or periodic tenancy.
A landlord requiring possession of their property can end a periodic tenancy under section eighty one of the Residential Tenancies Act nineteen ninety five by giving at least sixty days notice to the tenant because possession is required for demolition.
Possession is required to carry out repairs or renovations that cannot be done with reasonable convenience while the tenant remains in the premises. Possession is required for occupation by the landlord, their spouse, child, parent, or spouse of a child or parent or whatever.
The landlord needs to give vacant possession to a purchaser.
Extending the notice period for landlords not renewing a fixed tenancy from twenty eight days to sixty days. Sixty days notice is required by the landlord terminating a fixed term tenancy agreement at the end of the fixed term on a prescribed ground, which was previously twenty eight days.
When the tenant receives notice that their tenancy will not be renewed, they may vacate their rental property within the notice period and not be liable to pay rent after they vacate, providing they have given the landlord seven days notice of their intention to vacate early.
Allowing tenants to have pets in rental homes subject to approval and reasonable conditions.
Tenants applying to keep a pet in a rental premises can no longer have their application refused unless the refusal is based on a ground listed in the Residential Tenancies Act.
A landlord can no longer just simply state no pets allowed and also can’t charge a separate pet bond. But the landlord can impose reasonable conditions having regard to the type of pet and nature of the premises.
Requiring compliance with minimum housing standards, really important stuff, guys.
Rental premises must comply with minimum housing standards at the beginning of a tenancy.
These standards are set under the Housing Improvement Act two thousand and sixteen and the Housing Improvement Regulations two thousand and seventeen.
If they don’t, the tenant can request the landlord agent undertake urgent repairs to meet these standards.
During occupation, the tenant may also serve a notice of termination if the premises does not comply with the minimum housing standards, is destroyed totally, or is, to an extent, it’s unsafe.
New options supporting tenants experiencing domestic abuse.
A tenant experiencing domestic abuse can give notice of termination accompanied with the relevant evidence prescribed in the regulations or can terminate the tenancy if an intervention order is in force for their protection or the protection of someone else who lives at the premises against a person who normally lives at the premises.
The termination notice can specify a termination date on or after the day that notice is given, which might be before the end of the fixed term.
Landlords and agents are required to deal with evidence and information received with this notice in a confidential manner, allowing minor alterations or safety modifications to the premises to be removed at the end of tenancy.
A landlord or agent cannot unreasonably withhold consent to alterations or additions to the premises that relate to minor alterations or additions, reasonable changes necessary for disability assistance, reasonable changes necessary for mobility or access needs relating to age.
Requests to the landlord or agent should detail the nature of the alterations and modifications.
Information on how the property can be restored back to its former state at the end of the tenancy.
The landlord’s or the agent’s consent must be given in writing.
Earlier rental reforms.
So several changes were made in twenty twenty three and in March twenty twenty four, including limiting rent increases to just once a year.
So some of these key reforms included more affordable rental bonds.
Residential bonds were reduced for most new tenancies since the first of April twenty three to a maximum of four weeks rent compared to six weeks previously.
Now this followed a rise in the bond threshold applying to properties for which tenants pay eight hundred dollars or less a week.
Those who pay more than eight hundred dollars a week can still be subject to a landlord’s bond requesting the equivalent of up to six weeks rent.
Soliciting of rent bidding is banned.
Landlords and agents must advertise premises at a fixed amount and must not solicit or in any way otherwise invite higher offers of rent.
This means that landlords are no longer able to advertise property with a rent range.
They can’t put properties up for rent auction or solicit offers over the advertised rental price.
Additionally, where a third party is facilitating tenants applications, any rating or assessment of a prospective tenant must not be based on an offer of higher rent.
The frequency of rent increase is limited to once in a twelve month period. Rent cannot be increased more than once in a twelve month period. If a tenancy agreement changes from fixed to periodic, the rent cannot be increased within twelve months of the original agreement starting or the last increase.
Rent also cannot be increased by mutual agreement within twelve months of the agreement starting or the last increase.
Lots of things to get your head around, guys. Talk to your local property managing expert.
I can’t stress that highly enough how important that is.
I will keep you posted on all things property from around Australia as our year progresses.
Don’t forget to hit the like and subscribe button if you are enjoying the free content, and I will see you all again really soon. Bye.
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