Is Your Landlord Violating Security Laws in South Australia?

As a renter in South Australia, you have rights regarding the security and safety of your rental property. It’s important to know if your landlord is violating any security, locks & safety laws that could compromise your safety. Remember, knowledge is your first line of defence.

Understanding Security and Lock Obligations

In South Australia, the Residential Tenancies Act 1995¹ outlines specific obligations for landlords when it comes to locks and security.

According to the Act, landlords are required to:

• Ensure that all entry doors have locks.
• Provide each tenant with a key to locks in the property.
• Maintain all locks and security measures in good condition.
• Not change locks without the tenant's consent unless ordered by the South Australian Civil and Administrative Tribunal (SACAT).²

If your landlord is not adhering to these obligations, they might be violating the tenant rights under South Australian law.

What to Do If You Suspect a Violation

If you believe your landlord is not fulfilling their security obligations, here's what you can do:

1. Document the Issue: Take notes and photos of faulty locks or other security issues.
2. Communicate with Your Landlord: Write to them explaining the problem and request prompt action.
3. Use Form 14: The Notice to Remedy Breach form, available on the SA Government website, is used to formally notify your landlord of their breach.
4. Contact SACAT: If the issue is unresolved, you may apply to SACAT for a resolution.

Security Devices and Tenant Rights

Tenants in South Australia have the right to install additional security measures, but there are conditions:

• Seek written consent from the landlord.
• Ensure any installation does not cause damage to the property.
• Be prepared to remove any additions when the tenancy ends, or negotiate an agreement.

Landlord Responsibilities Under Federal Law

The Fair Trading Act 1987 (Cth)³ provides national protection against unfair practices. This includes ensuring that landlords provide properties that meet safety and security standards, which are not misleading or deceptive.

Tip: Keep copies of all correspondence with your landlord and evidence of any security issues for records and potential disputes.

1. Is my landlord obligated to change the locks before I move in? Yes, a landlord should ensure all locks are functional and secure for new tenants, although they are not explicitly required to change them unless previously agreed.
2. Can I install a security camera? You can install a security camera with the landlord's consent. Ensure it does not impede on other tenants' privacy rights.
3. What if my landlord enters the property without notice? Landlords must provide notice before entering, except in emergencies. If they violate this, you can lodge a complaint with SACAT.

Need Help? Resources for Renters

If you need assistance with tenancy issues in South Australia, consider reaching out to the following resources:

• South Australian Civil and Administrative Tribunal (SACAT) - Handles disputes between tenants and landlords.
• SA Government's Renting and Letting Advice - Provides guidance on tenants' rights and responsibilities.
• Community Legal Centres SA - Offers free legal services and advice to tenants.

---

1. South Australia Residential Tenancies Act 1995
2. South Australian Civil and Administrative Tribunal (SACAT)
3. Fair Trading Act 1987 (Cth)

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