In South Australia, the Residential Tenancies Act 1995 (commenced 1 December 1995) mandates that landlords provide specific information and documentation to tenants before and at the commencement of a tenancy. Failing to make the required disclosures can undermine a landlord's ability to enforce certain lease terms or make bond claims.

1. The Written Tenancy Agreement

While oral agreements are technically valid, the Act strongly favours written agreements. The landlord must provide the tenant with a copy of the signed tenancy agreement. It is standard practice to use the prescribed form published by Consumer and Business Services (CBS).

2. Condition Report (Mandatory)

Before the tenant moves in, the landlord must provide a condition report that documents the state of the premises at the start of the tenancy. This is arguably the most important disclosure document for a landlord.

• The tenant has 14 days from taking possession to review the report, note any disagreements, and return a copy to the landlord.
• The condition report is the primary evidence used at SACAT to resolve bond disputes at the end of the tenancy. Without a comprehensive, accurate condition report, a landlord's ability to claim bond deductions for damage is severely compromised.

3. Identity of the Landlord and Agent

The tenant must be informed in writing of:

• The full legal name and address of the property owner (landlord).
• The name, address, and contact details of any property manager or agent acting on the landlord's behalf.

4. Emergency Repairs Contact

The landlord must provide the tenant with the name, address, and telephone number of a person to be contacted in the event that urgent repairs are needed.

5. Information About the Property

The landlord must disclose any information that is materially relevant to the tenancy, including:

• Strata/Community Title Rules: If the property is part of a strata or community title scheme, the tenant must be informed of any relevant by-laws that may restrict their use of common areas, parking, or noise levels.
• Known Damage or Defects: While not always explicitly listed in the Act, the landlord has a general obligation to not misrepresent the condition of the property. Concealing a known, serious defect (like a persistent flooding issue) could lead to a claim for compensation at SACAT.

6. Bond Receipt

When the landlord or agent collects the rental bond, they must provide the tenant with a written receipt. This receipt should state the amount of the bond and the date it was received. As of 1 July 2024, tenants also have the option to lodge the bond directly with the Commissioner.

Best Practices for SA Landlords

1. Photograph Everything: Don't just fill in a condition report form. Take extensive photographs and video of every room, fixture, and surface at the start of the tenancy. Store these with the condition report.
2. Use the Prescribed Form: Always use the standard condition report form from Consumer and Business Services (CBS). Using a non-standard form may weaken your case at SACAT.
3. Provide All Documents Before Move-In: Give the tenant the signed agreement, the condition report, and the emergency contact details before they take possession of the keys.

Back to South Australia Landlord-Tenant Laws OverviewPreview unavailable.