At the time a tenancy agreement is entered into the parties should arrange when and where the rent is to be paid, and should keep to that arrangement throughout the tenancy unless new arrangements are made.

Significant penalties may apply to non-compliance with the below requirements.

Payment arrangements

A landlord must provide a tenant with at least one means of payment that is electronic and does not involve the collection of rent by a third party who charges a fee for collection [Residential Tenancies Act 1995 (SA) s 56A (1)]. No fee may be charged for the payment of collection of rent [s 56A(2)].

Payment records

A landlord must keep the following records of any payments received:

See Residential Tenancies Act 1995 (SA) s 57(1).

A landlord or real estate agent must give a statement of payment information (with the details as listed in the paragraph above) within 7 days of a written request made by a tenant [s 58(1)]. If payment is made by means other than by deposit in a bank, building society or credit union account, the tenant must be given a receipt within 48 hours [Residential Tenancies Act 1995 (SA) s 58(2)].

Payment in advance

A landlord or agent cannot require a tenant to pay rent more than 2 weeks in advance. The prohibition is against the landlord or agent requiring such an advance payment so, if a tenant voluntarily chooses to pay rent for more than two weeks in advance, the landlord may accept the payment [s 54].

Rent increases

The rent cannot be increased under a fixed term agreement unless the agreement specifically allows for an increase [s 55(2)(b)].

Whether a tenancy agreement is periodic or for a fixed term, the rent cannot be increased during the first 12 months of the tenancy. In addition, any later increase cannot be within 12 months of a previous increase [s 55(2)(c)]. A series of agreements between the same parties (on the same or different terms) is treated as a single agreement unless at least 12 months have elapsed since the rent was last fixed or increased [s 55(7)].

Different rules apply where a rent control notice ceases to be in force or the landlord is a community housing provider [s 55(c)((i)-(iii)].

When rent is to be increased, the tenant must be given at least 60 days written notice, setting out the amount of the increase and the day on which it is to take effect [s 55(2)(c)]. There is no limit to the amount by which rent can be increased. A tenant who thinks that rent is excessive can apply to the South Australian Civil and Administrative Tribunal for an order to that effect [s 56(1)]. If the application is based on an excessive increase, the application must be made within 90 days after the notice of increased rent is given [s 56(1a)]. Among other things, from 1 July 2024, SACAT will consider whether the increase is disproportionate considering the amount of rent payable [s 56(2)(fc)]. If SACAT finds that the rent is excessive, it can fix a maximum rent for up to one year [s 56(3)].

The rent payable under a residential tenancy agreement may be increased at any time by mutual agreement between a landlord and tenant as long as it is not within the first 12 months of the tenancy or within 12 months of a previous increase [ss 55(2a) and (2b)].

Unfit premises

See Housing Improvement Orders.