Obligations of proprietors

Under the Residential Tenancies Act 1995 (SA) a rooming house proprietor has the following obligations.

Rent and other charges

A rooming house proprietor must not receive extra payments (other than rent or a bond) as a condition to entering into, renewing or extending a rooming house agreement.

Whilst a rooming house proprietor must bear all statutory charges in relation to the premises they can require residents to make payments for:

  • rates and charges for water supply;
  • the provision of electricity, gas or telephone services;
  • meals or other facilities or services (e.g. meals, cleaning, laundry) provided by the proprietor.

The rooming house proprietor must inform the resident in writing of the charges and provide an itemised account setting out their use of the facilities or services before requiring payment [Residential Tenancies Act 1995 (SA) s 105E].

A proprietor cannot demand more than one weeks rent in advance [s 105F]. Nor can they require a resident to pay by post-dated cheque.

Bonds

A rooming house proprietor cannot require more than one bond for the same rooming house agreement nor can they require the payment of a bond which totals more than two weeks of rent under the agreement [s 105K].

A receipt must be provided within 48 hours of payment. This bond must then be lodged with the Commissioner for Consumer Affairs [s 105L].

Access and use of room and facilities

The proprietor must not unreasonably restrict or interfere with the quiet enjoyment of facilities or the resident’s room by the resident. They must ensure that the resident has reasonable access at all times to their room and to toilet and bathroom facilities.

When exercising their right of entry to the resident’s room, they must do so in a reasonable manner and not stay in the room longer than necessary to achieve the purpose of entry without the resident’s consent.

A proprietor who breaches any of these terms is guilty of an offence for which the maximum penalty is $2 500 [s 105N].

Security

It is a term of a rooming house agreement that a proprietor take reasonable steps to provide and maintain locks and other devices necessary to ensure each resident can make his/her room reasonably secure

The proprietor cannot alter or remove a lock or security device without the consent of the resident; nor can they unreasonably withhold their consent to the alteration or removal of a lock or security device by the resident.

The proprietor has an obligation to take reasonable steps to ensure the security of personal property and to that end must provide each resident with a lockable cupboard (or something similar) for use by in securing personal property [s 105O].

Repairs and cleanliness

The proprietor must ensure that the resident’s room and any shared facilities are in a reasonable state of repair and cleanliness. If renovations are to be carried out, at least 14 days notice must be given. Where repairs are required to shared bathroom, toilet or laundry facilities the proprietor must minimise any inconvenience or disruption to residents and, if necessary, provide temporary substitute facilities.

Where repairs are required notice must be given to the proprietor. They will not be found to be in breach of their obligation to repair if they were not notified of the defect [s 105P].

Sale of rooming house

If the proprietor intends to sell the rooming house they must give the residents written notice no later than 14 days after entering into a sales agency agreement. The rooming house cannot be advertised for sale or made available for inspection by prospective purchasers until 14 days after the residents have been notified of the intention to sell [s 105Q].

Obligations of proprietors  :  Last Revised: Fri Feb 28th 2014
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