Are You Protected Against Compensation & Lease Breaches in SA

Renting a home in South Australia offers many opportunities, but it also comes with responsibilities for both tenants and landlords. Understanding your rights regarding compensation and lease breaches is crucial for a harmonious renting experience.

What Are Lease Breaches?

A lease breach occurs when either the tenant or the landlord fails to adhere to the terms of the rental agreement or the Residential Tenancies Act 1995¹. Common breaches by a landlord might include failure to maintain the property or entering without proper notice, while tenant breaches can include unpaid rent or property damage.

How Are Breaches Handled?

In South Australia, tenants can seek resolution through the South Australian Civil and Administrative Tribunal (SACAT²). Tenants might consider applying for compensation if they suffer from financial loss or inconvenience due to the landlord's breach.

Forms You Might Need

• Form 2: Notice by the tenant to remedy breach by the landlord - Use this form when notifying your landlord of a breach and requesting it to be remedied. Example: Your landlord has failed to fix a leak within the agreed period. Submit this form to prompt action. Download it here.

Dealing With Compensation Claims

Compensation claims are generally sought when a tenant suffers a loss due to the landlord's failure to fulfill their obligations. For example, if your landlord’s negligence results in a loss of property, you may be entitled to seek compensation.

Steps to Take

1. Identify the breach and gather evidence: Take photos, keep emails and text messages, and record dates and times of communication.
2. Communicate the issue to your landlord in writing and seek a resolution.
3. If unresolved, apply to SACAT using the necessary forms available on their website.

What Tenants Should Know

1. What is a breach of lease? A breach of lease refers to failing to comply with any terms agreed in the rental contract.
2. How can I claim compensation? To claim compensation, notify your landlord of the issue, collect evidence, and if remains unsolved, apply through SACAT.
3. What is SACAT? SACAT, or South Australian Civil and Administrative Tribunal, handles disputes related to rental agreements, offering a place to resolve issues formally.
4. What should I do if the property needs urgent repairs? Communicate immediately with your landlord for urgent repairs, and if not addressed, consider applying for an order from SACAT.
5. Am I protected against unfair eviction? Yes, you are protected under the Residential Tenancies Act 1995, which outlines valid grounds and processes for eviction, ensuring fairness.

Need Help? Resources for Renters

If you encounter issues regarding your renting situation and would like support or guidance, here are some resources:

• South Australian Civil and Administrative Tribunal (SACAT) - For help resolving disputes
• Government of South Australia - For information about renting and letting
• Tenants' Union of South Australia - Provides advice and advocacy for renters

---

1. Residential Tenancies Act 1995: Clearly outlines the rights and responsibilities of both landlords and tenants. Available from South Australian Legislation online.
2. South Australian Civil and Administrative Tribunal (SACAT): Government body that handles rental disputes and offers formal resolution processes.

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid