A tenant must not intentionally or negligently cause or permit any damage to the property and is responsible for any damage caused intentionally or negligently [Residential Tenancies Act 1995 (SA) s 69]. This includes damage caused by guests unless the tenant can show that they could not reasonably have prevented the damage. Where the damage was caused negligently or intentionally by a guest, a tenant wanting to deny responsibility should report the matter to the police as a criminal offence.

The tenant is not responsible for damage caused by a genuine accident or through normal wear and tear, nor are they responsible for damage caused unintentionally through use of a domestic appliance requiring instruction for which the landlord has failed to provide instructions [ss 69(3a), 48(2)].

The landlord must ensure that a property is in a reasonable state of repair, although this does not apply to a property that is subject to an order under the Housing Improvement Act 2016 (SA) [See Residential Tenancies Act 1995 (SA) ss 67, 68].

The landlord is not in breach of their obligation to repair unless they have notice of the defect and fail to act with reasonable diligence to have it repaired [s 68(2)]. If something needs repair, the tenant should notify the landlord as soon as possible [Residential Tenancies Act 1995 (SA) s 69(1)].

If:

then the tenant can arrange for the repairs to be done and recover the cost from the landlord [s 68(3)]. The repairs must be carried out by a suitably licensed person, who should provide a report as to the apparent cause of the disrepair [s 68(3)(e)]. The tenant can also claim, by application to SACAT, reasonable compensation for any damage they have suffered as a result of the failure to repair [s 68(5)]. However, if the loss could have been mitigated by taking reasonable steps, then compensation will be reduced for failure to do so [s 68(3)(d)].

Consumer and Business Services have a Request for repairs form (PDF, 263 KB) which a tenant can send to their landlord/agent.

Minimum housing standards

From 1 July 2024 a landlord must ensure that premises comply with the prescribed minimum housing standards under the Housing Improvement Act 2016 (SA) at the beginning of a tenancy [s 67A]. The prescribed minimum standards are set out tin the Housing Improvement Regulations 2017 (SA). If premises do not comply, the tenant may require the landlord to carry out urgent repairs to ensure that they comply with the standards. A tenant may also terminate a tenancy if the premises do not comply with these minimum standards [s 85B]. For more information, please refer to Tenant terminating a tenancy.