South Australia Landlord Required Disclosures
Review the mandatory disclosures for SA residential landlords, including the condition report and prescribed information requirements.
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South Australia Landlord Required Disclosures
In South Australia, the Residential Tenancies Act 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 three 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.
Common Misconceptions in
Don't fall for these common myths. Know what the law actually says.
"If the tenant did not return the signed condition report, I can claim whatever I want at the end."
A condition report that is not disputed by the tenant within 3 business days is generally accepted as accurate. However, at SACAT, the landlord still bears the burden of proof for all bond deduction claims — photographic evidence remains essential.
"I don t need to tell the tenant about known defects in the property."
Concealing a known, material defect (such as persistent flooding, structural movement, or a serious mould problem) can expose the landlord to a SACAT claim for compensation. The general principle of non-misrepresentation applies to the pre-tenancy disclosure stage.
"The condition report is just a formality — a quick tick-and-flick is fine."
The condition report is the most important legal document in a residential tenancy after the agreement itself. A superficial report that fails to document existing damage will leave the landlord unable to prove that damage occurred during the tenancy, not before it.
Best Practices for SA Landlords
- 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.
- 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.
- 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.
Frequently Asked Questions:
A strong condition report should document every room, surface, fixture, and fitting. For each item, record its condition (e.g., clean, good, worn, stained, damaged) and include dated photographs. Key areas to document include: walls, ceilings, and floors in every room; all kitchen appliances; bathroom fixtures (taps, shower, toilet, tiles); all doors, windows, and locks; the garage, shed, and outdoor areas; any included whitegoods or furniture. Time-stamp all photographs and store them securely.
Failure to provide a written emergency repairs contact is a breach of the Act. More practically, if a genuine urgent repair occurs and the tenant cannot reach you, they are legally entitled to arrange the repair themselves and claim reimbursement. Providing a clear emergency contact (a 24-hour number for a property manager or a trusted tradesperson) is simple risk management.
While there is no explicit statutory duty to disclose a pending sale at the time the lease commences, landlords have a general duty not to misrepresent the tenancy situation. If the property is already listed for sale or there is a clear intention to sell imminently, concealing this could create grounds for a tenant to later claim they were misled. Transparency at the outset avoids more complex disputes later.
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