Offering premises for rent for fixed amount

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 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.

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 be expiated.

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.

Prospective sale of premises

A landlord or their agent must not advertise a premises for rent without stating if they intend to sell the premises within 3 months of entering into the residential tenancy agreement [s 47B and Residential Tenancies Regulations 2010 (SA) reg 6B]. The maximum penalty for an offence against this provision is a fine of $35,000, but the offence may be expiated.

Prospective tenant information

From 1 July 2024, there are new protections for both landlords and tenants in relation to the tenant information.

A landlord or their agent must not request prescribed information from prospective tenant [s 47B(1) and reg 6A(1)]. They may, however, require a prospective tenant to provide the application form, 2 documents verifying their identity, 2 documents relating to their ability to pay rent and 2 documents relating to their suitability as a tenant [reg 6A(5)]. A prospective tenant must not give a landlord or agent a false document in connection with their application to enter into a tenancy agreement [s 47B(2a)]. The maximum penalty for an offence against this provision is a fine of $20,000, but the offence may be expiated. A tenant who provides false information about their identity or occupation may also be fined up to $20,000 [s 51].

Any person who holds prospective tenant information must take steps to protect the information from misuse or unauthorised access or disclosure [s 76B(1)]. The information must be destroyed within 30 days of entering the tenancy, unless the tenant consents to it being held for 6 months [s 76B(2)].

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 be expiated.