Efforts to better protect tenants in South Australia has led to the state government introducing a new prescribed rental application form.
Protecting tenants’ private information was one of the government’s key priorities when it began reforming South Australia’s rental laws in 2022.
In line with National Cabinet’s Better Deal for Renters recommendations, it's now developed a prescribed form for tenants to use when applying for a rental property.
This will ensure the personal information requested is relevant to their potential tenancy and prevents them from being asked for irrelevant personal details.
This is one of the last recommendations to be delivered and follows on from South Australia’s groundbreaking reforms that took effect last year.
From 1 July 2024, landlords and agents have been prohibited from requiring prospective tenants to provide more than 2 documents in each of the following categories: verifying identity, financial ability to pay rent and suitability. This does not prevent tenants from offering to provide further documentation that might assist in their rental application.
South Australia has also previously introduced new laws requiring that information be protected and then destroyed after a certain period.
That is:
- if the application is successful: 3 years after the end of the tenancy
- for unsuccessful applicants: 30 days after the tenancy is let – or if the applicant agrees, 6 months after providing the information. This could be to assist with future applications.
The state government also introduced a prescribed list of reasons for landlords to end a tenancy such as wanting to move into or renovate their property. It also extended the notice period to end a fixed-term tenancy from 28 days to 60 days.
Landlords also face penalties if their property fails to meet minimum housing standards and rent increases are limited to once a year, unless automatic changes at stated intervals are terms of the agreement.
For the first time, tenants can have pets in rental homes with reasonable conditions to be set by their landlord such as having carpets cleaned at the end of the tenancy.
These reforms, which took effect in July 2024, are the most significant reforms to our state’s rental laws in more than 30 years.
South Australia has led the way in better protecting tenants and delivering on the National Cabinet agreement, while still ensuring the rights of landlords are upheld.
Other changes include allowing landlords to terminate a lease upon entering into a sales agreement with a registered agent to sell their property.
The prescribed application form can be used from 1 September 2025. There will be a transition period with industry and landlords having until 1 January 2026 before the form becomes mandatory.
A new information campaign will launch in September by Consumer and Business Services, supported by the Real Estate Institute of SA (REISA), to educate landlords, tenants and real estate agents on these changes.
More information on the September changes is available at www.cbs.sa.gov.au/rentalreforms.
