An owner of a property that is subject to an order under the Housing Improvement Act 2016 (SA) has the following obligations in terms of notice and disclosure:
- must ensure that a copy of the order or notice is displayed in a prominent position on the premises [s 31];
- if the property has been offered for sale, the vendor must ensure that each advertisement relating to sale includes a statement that an order or notice applies [s 32].
Where premises are being offered for lease:
- the lessor (person granting the lease i.e. landlord) must ensure that each advertisement published for the lease, and the lease agreement, includes a statement that an order or notice applies; and
- if a rent control notice applies, any oral or written representation made to a leasee (the person who will be leasing the property i.e. tenant) about the amount of rent payable includes a statement that the rent has been fixed under a rent control notice [s 32].
If a lessor (landlord) fails to comply with the above requirements, the lessee (tenant) may rescind (withdraw from) the lease by giving notice, in the prescribed manner and form, of their intention not to be bound by the lease [s 32(4)].
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.