South Australia: Help for Rent, Bond & Holding Deposits

Renters in South Australia navigating issues such as rent increases, bond disputes, or holding deposit queries have multiple avenues for assistance. Understanding your rights and knowing which resources to approach can make a significant difference.

Understanding Rent, Bond, and Holding Deposits

In South Australia, a rental bond serves as security in case the tenant breaches the lease agreement. Holding deposits, meanwhile, are initial payments made to secure a property before a lease is finalized. It's crucial to understand your rights regarding these payments under the Residential Tenancies Act 1995¹.

Rent Increases and Disputes

If faced with an unexpected rent increase, it’s important to verify its legality. Rent increases must adhere to the terms specified in your agreement and comply with the law. Tenants can challenge unlawful increases through formal complaints to the South Australian Civil and Administrative Tribunal (SACAT)².

Recovering Your Bond

At the tenancy's conclusion, recovering your bond requires the property to meet agreed-upon conditions, barring fair wear and tear. If disputes arise over deductions, tenants can lodge applications with SACAT. The Bond Refund form must be completed and submitted by both parties for a refund to be processed³.

Dealing with Holding Deposits

A holding deposit should transition into part of your bond or be refunded, as per the agreement terms. Clarify these details upfront with the landlord or agent to avoid future conflicts.

Need Help? Resources for Renters

• SYC Ltd – Provides support and advice for tenants.
• Tenant Information & Advisory Service – Offers free legal advice for renters.
• Legal Services Commission of SA – Access legal assistance and advice.

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1. What steps can I take if my landlord won't return my bond?

   If your landlord refuses to return your bond, first attempt to resolve the matter directly. If unresolved, lodge a claim with SACAT to seek an order for the bond release.

2. Can a landlord charge for both a bond and a holding deposit?

   Yes, but any holding deposit should be documented in terms of its eventual disposition — typically it should apply towards the bond or first rent payment upon lease finalization.

3. How often can my rent be increased in South Australia?

   Rent can typically be increased once every 12 months during the lease period, provided the landlord gives a minimum of 60 days' written notice.

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1. How can I dispute a rent increase in South Australia?
   1. Step 1: Review the notice

      Ensure your landlord followed the required notice period and format for rent increase as stipulated by law.

   2. Step 2: Respond in writing

      Concisely communicate any disagreement or request for negotiation to your landlord, detailing reasons or providing evidence for your challenge.

   3. Step 3: Lodge a complaint with SACAT

      If unresolved, submit a dispute application to SACAT with all relevant documentation to support your case.

Key Takeaways

• Understand your rights regarding bonds and holding deposits under the Residential Tenancies Act 1995.
• Contact SACAT or related housing authorities for disputes.
• Keep clear records and agreements to avoid disputes.

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¹South Australian Government, Residential Tenancies Act 1995
²South Australian Civil and Administrative Tribunal, Apply to SACAT
³Government of South Australia, Bond Refunds

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