Under Part 3 of the Housing Improvement Act 2016 (SA), the Minister for Human Services has the power to issue orders requiring the assessment, improvement or demolition of a house that is undesirable or unfit for human habitation. Prescribed minimum housing standards are detailed in Part 3 of the Housing Improvement Regulations 2017 (SA).

The initial action is likely to be under section 13, which gives the Minister the authority to issue a housing assessment order to the owner of residential premises if he/she has reason to believe that the premises are unsafe or unsuitable for human habitation. An authorised officer would then conduct an assessment and provide a written report to the Minister.

Under section 11, if there is an imminent risk of death, serious illness or injury, an authorised officer may enter premises for the purposes of carrying out an inspection provided they notify the owner or occupier prior to the proposed entry. No qualification is made in the Act to specify the time frame for ‘prior’ notice so, even if notice is given immediately before the time of entry, this is likely to be valid. In cases not involving imminent risk of death or injury, at least 5 working days notice must be given to the owner or occupier of the proposed entry.

Depending on the report recommendations an order will be issued either to repair the house to a reasonable standard (housing improvement order) or to demolish the house (housing demolition order) [see ss 14, 15]. The maximum penalty for failing to comply with such an order is $10,000.

The Minister may apply to the Registrar-General to register the order in relation to land owned by the person on which the premises are located. The registration will operate as a charge on the land whereby the Minister can secure any costs or expenses incurred against the landowner [s 16].

Rent control notices [s 25]

Where a housing improvement notice has been issued the Minister may declare the premises to be subject to a rent control notice. The notice will be published in the Gazette. Before making a notice, however, the Minister must give the owner of the premises a preliminary rent control notice detailing the maximum rent proposed and inviting the owner to show why a rent control notice should not be made.

It is an offence under the Act for a person to charge, demand or receive rent in excess of the maximum rent imposed by the notice for which there is a maximum penalty of $2,500 [expiation fee: $210].

Review rights [s 33]

An application for review may be made to the South Australian Civil and Administrative Appeals Tribunal SACAT in the following circumstances:

Any application must be made within 28 days of the order or notice being issued (unless the Tribunal permits an extension of time).

Reporting a substandard property

Substandard properties can be reported to the Housing Safety Authority. An online form (Report Form 404) is available on the SA Gov - Renting a Substandard Property website.

Housing Safety Authority

GPO Box 1669

Adelaide SA 5001

Phone: 1300 700 329

Email: housingsafety@sa.gov.au

Tenancies Branch of Consumer and Business Services

Telephone: 131 882

E-mail: tenancy.advice@agd.sa.gov.au

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:

Where premises are being offered for lease:

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)].

In the case of a housing demolition order or where a housing improvement order requires the premises to be vacated before work can commence, a notice to vacate will be issued by the Minister.

The notice to vacate will effectively terminate any residential tenancy agreement and require the occupier to give up possession of the premises on a specified date.

Review of notice

A person issued with a notice to vacate may apply to the South Australian Civil and Administrative Appeals Tribunal SACAT for review of the notice (i.e. not to the housing improvement or demolition order behind the notice to vacate). The application must be lodged within 28 days of receiving the notice [Housing Improvement Act 2016 (SA) s 22].

Compensation

If the premises for which a notice to vacate has been issued have been occupied under a residential tenancy agreement the tenant may apply to the South Australian Civil and Administrative Appeals Tribunal (SACAT) for a compensation order. The Tribunal has the power to order the landlord to compensate the tenant for loss and inconvenience resulting from early termination of the tenancy if it considers it appropriate in the circumstances [Housing Improvement Act 2016 (SA) s 23]. The order can include compensation for the reasonable costs incurred by a tenant in relocating to other premises.

Failure to comply with notice to vacate

The maximum penalty for failing to comply with a notice to vacate, or for letting or subletting the premises to which a notice applies, is $ 2 500.

The South Australian Civil and Administrative Tribunal can (on application by the Minister) make an order for the ejectment of the occupier(s) if necessary [s 23]. The ejection order can be enforced by a bailiff if the occupier(s) do not comply and a bailiff can be assisted by a police officer to enforce the order [s 24].