Last update: 09 May 2006.

The Office of Consumer and Business Affairs provides services to tenants and landlords/agents of residential properties and proprietors and residents of rooming houses in South Australia . The following information outlines the legislative rights and responsibilities in relation to the Residential Tenancies Act 1995 and Regulations.

The Office of Consumer and Business Affairs provides free information sessions which are tailored to meet the specific needs of landlords, property managers and tenants.

The tenant rents residential premises from a landlord. The tenant is given possession of the premises as the tenant's home, with the same rights of privacy, peace and quiet to which a home owner is entitled. The tenant must also abide by the requirements of the Residential Tenancies Act. The tenant must pay the rent on time, keep the premises clean, repair damage caused by the tenant or guests and abide with all the conditions included in the tenancy agreement. The tenant must also notify the landlord of any maintenance or repairs that are required to be carried out.

The tenant has an obligation to:

• pay rent when it is due;
• keep the premises and ancillary property in a reasonable state of cleanliness;
• not intentionally or negligently cause or permit any damage to the premises and ancillary property;
• not use the premises and/or ancillary property or cause or permit them to be used for any illegal purpose; and
• not permit any interference with the reasonable peace, comfort or privacy of another person who resides in the immediate vicinity of the premises.
• notify the landlord/agent of maintenance and repairs required.
• report damage caused by the tenant or guests.

The landlord rents residential premises to a tenant. The landlord must abide by the requirements of the Residential Tenancies Act. One of these requirements is that the landlord must ensure the premises (and ancillary property) comply with health, safety and housing standards. The landlord must provide the premises in a reasonable state of cleanliness and repair and must maintain them (having regard to their age, character and prospective life). The landlord is to abide with all the conditions included in the tenancy agreement and supply agreed services.

The landlord has an obligation to:

• provide the premises in a clean and reasonable state;
• maintain and repair the premises;
• give proper receipts for any moneys received from the tenant;
• keep proper records of rent received relating to the tenancy;
• ensure that the tenant is given reasonable peace, comfort and privacy whilst living in the premises;
• pay council rates and taxes;
• provide and maintain locks to ensure the premises are secure;
• provide a copy of the lease agreement;
• provide a copy of the Information Brochure;
• lodge a security bond money with the Commissioner for Consumer Affairs if a bond is requested from a tenant;
• complete and provide two (2) inspection sheets at beginning of a tenancy.

For more information visit the Office of Consumer and Business Affairs on http://www.ocba.sa.gov.au