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Offering premises for rent and assessment of prospective tenants

From 1 September 2023, the Residential Tenancies Act 1995 (SA) has provisions to prevent rent bidding.

Offering premises for rent

A landlord or their agent must not advertise or otherwise offer premises for rent under a residential tenancy agreement unless the rent is advertised or offered as a fixed amount [Residential Tenancies Act 1995 (SA) s 52A(1)]. However, this does not prevent a landlord from placing a sign at or near the physical premises that offers the premises for rent and does not there state an amount of rent for the premises [s 52A(2)]. The maximum penalty for an offence against this provision is a fine of $20,000, but the offence may be expiated.

Further, a landlord or their agent must not solicit or otherwise invite an offer of an amount of rent under a residential tenancy agreement that is higher than the advertised amount of rent for the premises [s 52A(3)]. The maximum penalty for an offence against this provision is a fine of $20,000, but this offence may also be expiated.

Assessment of prospective tenants

A person acting in trade or commerce (other than an agent of a landlord) must not provide an assessment or rating of suitability of a prospective tenant if the basis of the rating or suitability relates to the fact that the amount of rent the prospective tenant is willing to pay is higher than the fixed amount, or to the fact of how much the prospective tenant is willing to pay where the amount of rent is not yet fixed [s 52B]. The maximum penalty for an offence against this provision is a fine of $20,000.

A person must not, except in prescribed circumstances, require or receive from a prospective tenant any payment for an assessment or rating of suitability. The maximum penalty for an offence against this provision is a fine of $20,000, but this offence may also be expiated.

Offering premises for rent and assessment of prospective tenants  :  Last Revised: Fri Sep 1st 2023
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