Under the Residential Tenancies Act 1995 (commenced 1 December 1995), South Australian landlords have a clear, non-negotiable obligation to maintain their rental properties in a reasonable state of repair throughout the entire duration of the tenancy. This duty exists regardless of the property's age or condition at the time the tenancy began.

The Landlord's Duty The Act requires landlords to:

• Provide the premises in a reasonable state of cleanliness and repair at the start of the tenancy.
• Maintain the premises in a reasonable state of repair throughout the tenancy.
• Comply with all relevant building, health, and safety standards.
• Ensure essential appliances provided with the property (ovens, hot water systems) are maintained in good working order.

Urgent vs. Non-Urgent Repairs South Australia distinguishes between urgent and non-urgent repairs:

Urgent Repairs

Statutory urgent repairs are strictly limited under Section 68(5) of the Act to:

• A burst water service.
• A blocked or broken lavatory system.
• A serious roof leak.
• A gas leak.
• A dangerous electrical fault.
• Flooding or serious flood damage.
• Serious fire or storm damage.
• A failure or breakdown of the gas, electricity, or water supply.
• A fault or damage that makes the premises unsafe or insecure (e.g., a broken lock on an exterior door).
• A fault or damage of a prescribed kind.

For urgent repairs, the landlord must act with reasonable diligence to have the problem repaired.

Non-Urgent Repairs

Non-urgent repairs are everything else—a dripping tap, a broken curtain rod, a cracked tile that doesn't pose a safety risk. The landlord should attend to non-urgent repair requests within a reasonable timeframe. Entry to carry out non-emergency repairs requires at least 48 hours' notice.

Tenant's Right to Arrange Urgent Repairs

If a tenant reports an urgent repair and the landlord fails to act promptly:

1. The tenant must first make a reasonable attempt to contact the landlord or the nominated emergency repairs contact person.
2. If the landlord cannot be contacted, or fails to take immediate steps to have the repair carried out, the tenant can arrange for the repair to be done by a qualified tradesperson.
3. The tenant can then seek reimbursement from the landlord for the reasonable cost of the repair. If the landlord refuses to reimburse, the tenant can apply to SACAT for an order.

SACAT Remedies If

a landlord persistently fails to maintain the property or ignores repair requests, a tenant can apply to SACAT for orders requiring the landlord to:

• Carry out specific repairs within a set timeframe.
• Compensate the tenant for loss of amenity or inconvenience.
• Reduce the rent payable until the repairs are completed.

Best Practices for SA Landlords

1. Respond to Urgent Repairs with Reasonable Diligence: While not a statutory deadline, it is best practice to contact the tenant within 24 hours to communicate that you are arranging a tradesperson. The Act requires immediate action or reasonable diligence depending on the severity.
2. Maintain a Trusted Trades Register: Have a pre-vetted list of licensed plumbers, electricians, and locksmiths you can call on at short notice to handle urgent repairs.
3. Schedule Preventative Inspections: Conducting routine property inspections (with 7-28 days written notice, capped at 4 times per year) allows you to identify and fix minor issues before they become urgent, costly repairs.

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