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Rent

At the time a tenancy agreement is entered into the parties should arrange when and where the rent is to be paid, and should keep to that arrangement throughout the tenancy unless new arrangements are made.

Significant penalties may apply to non-compliance with the below requirements.

Payment arrangements

A landlord must provide a tenant with at least one means of payment other than cash payment or payment through a rent collection agency (where the tenant pays a fee) [Residential Tenancies Act 1995 (SA) s 56A].

Payment records

A landlord must keep the following records of any payments received:

  • the date on which payment was received;
  • the name of the person making the payment;
  • the amount paid;
  • the address of the premises to which payment relates;
  • if payment is for rent – the period of the tenancy to which the payment relates;
  • if payment is for a bond – a statement of that fact;
  • if payment is neither for rent or a bond – a description of the purpose of the payment.

See Residential Tenancies Act 1995 (SA) s 57(1).

A landlord or real estate agent must give a statement of payment information (with the details as listed in the paragraph above) within 7 days of a written request made by a tenant [s 58(1)]. If payment is made by means other than by deposit in a bank, building society or credit union account, the tenant must be given a receipt within 48 hours [Residential Tenancies Act 1995 (SA) s 58(2)].

Payment in advance

During the first two weeks of a tenancy, a landlord or agent cannot require a tenant to pay rent more than two weeks in advance. After this period, the rent should be paid as agreed by the landlord and the tenant in the tenancy agreement. The prohibition is against the landlord or agent requiring such a payment so, if a tenant voluntarily chooses to pay rent for more than two weeks in advance, the landlord may accept the payment [s 54].

Rent increases

The rent cannot be increased under a fixed term agreement unless the agreement specifically allows for an increase [s 55(2)(b)].

Whether a tenancy agreement is periodic or for a fixed term, the rent cannot be increased during the first 12 months of the tenancy. In addition, any later increase cannot be within 12 months of a previous increase [s 55(2)(c)]. A series of agreements between the same parties (on the same or different terms) is treated as a single agreement unless at least 12 months have elapsed since the rent was last fixed or increased [s 55(7)].

Different rules apply where a rent control notice ceases to be in force or the landlord is a community housing provider [s 55(c)((i)-(iii)].

When rent is to be increased, the tenant must be given at least 60 days written notice, setting out the amount of the increase and the day on which it is to take effect [s 55(2)(c)]. There is no limit to the amount by which rent can be increased. A tenant who thinks that rent is excessive can apply to the South Australian Civil and Administrative Tribunal SACAT for an order to that effect [s 56(1)]. If the Tribunal finds that the rent is excessive it can fix a maximum rent for up to one year [s 56(3)].

The rent payable under a residential tenancy agreement may be increased at any time by mutual agreement between a landlord and tenant as long as it is not within the first 12 months of the tenancy or within 12 months of a previous increase [ss 55(2a) and (2b)].

Unfit premises

See Housing Improvement Orders.

Rent  :  Last Revised: Thu Feb 29th 2024
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