The landlord's obligations
The landlord must:
- provide and maintain the premises in a reasonable state of cleanliness [Residential Tenancies Act 1995 (SA) s 67];
- ensure that the premises comply with the prescribed minimum housing standards under the Housing Improvement Act 2016 (SA) at the beginning of the tenancy [ s 67A];
- provide and maintain the premises in a reasonable state of repair [s 68 (1)(a)];
- comply with all statutory requirements affecting the premises [s 68(1)(b)];
- not cause or permit any interference with the tenant's reasonable peace, comfort or privacy [s 65];
- take all reasonable steps to enforce the obligation of the landlord's other tenants in adjacent premises not to cause any interference with the tenant's reasonable peace, comfort or privacy [ s 65(1)];
- give the tenant vacant possession of the premises on the day the tenancy is to begin [s 64(1)];
- provide and maintain locks and other devices that are necessary to ensure that the premises are reasonably secure [Residential Tenancies Act 1995 (SA) s 66]. Neither the landlord nor the tenant (unless they are a protected person under an intervention order*) can alter or change the locks without the other's consent;
- provide written notification of their change of address details to a tenant within 14 days [s 48];
- keep proper records of rent and any other payments and provide statements and/or receipts as requested [ss 57, 58];
- keep a copy of the residential tenancy agreement for no less than 2 years from the date of termination [s 49];
- pay all statutory rates, except for separately metered water supply charges. Rates and charges for other prescribed services are to be covered as agreed or as separately metered [s 73];
- provide written notice of their intention to sell the residential premises not less than 14 days after they have entered into a sales agency agreement. If the property is sold, the landlord must provide written notice of the purchaser and the date from which rent is to be paid to them, at least 14 days before settlement [s 71A].
* From 1 July 2024, a protected person under an intervention order who is a party to the tenancy or who has been living in the premises as their primary place of residence may alter any lock or security device of the premises [s 66A(1)]. The protected person must give the landlord or agent a key and a copy of their intervention order as soon as possible [s 66A(3)]. In addition, if a tenant in other circumstances believes a landlord is unreasonably withholding consent to alter, remove or add a lock or security device to the premises may apply to SACAT for a determination that consent is not required [s 66B].
The landlord's obligations : Last Revised: Thu Jul 11th 2024
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