Legal Help for Tenancy Agreements in South Australia

Renting a home in South Australia involves understanding your rights and obligations under the tenancy agreement. If you’re dealing with a tenancy renewal, rent increase, or other rental concerns, knowing where to seek legal help can be essential.

Understanding Tenancy Agreements and Renewals in South Australia

Tenancy agreements in South Australia are governed by the Residential Tenancies Act 1995¹. This legislation outlines the rights and responsibilities of both tenants and landlords.

Key Aspects of Tenancy Agreements

• Tenancy agreements can be written or oral, but a written agreement is advisable for clarity.
• Every agreement must include essential terms such as rent amount, duration, and responsibilities for repairs.
• The landlord must provide a copy of the agreement to the tenant.

Renewing Your Tenancy

If your tenancy agreement is reaching its end, you and your landlord can negotiate a renewal. This can result in a new fixed-term agreement or continue on a periodic basis.

Legal Help and Resources

When encountering issues with your rental property or tenancy agreement, there are several steps and resources you can rely on for assistance.

Addressing Common Issues

• If you face a rent increase, it's crucial to understand your rights. The rent can only be increased if it aligns with the terms of the tenancy agreement.
• Repairs and maintenance requests should be promptly addressed by the landlord. Document your requests in writing.

Dispute Resolution

In South Australia, the South Australian Civil and Administrative Tribunal (SACAT)² handles residential tenancy disputes. SACAT provides mediation and hearings to resolve issues between tenants and landlords.

Always communicate first with your landlord to resolve issues. If unresolved, consider lodging an application with SACAT.

Official Forms

• Notice to Remedy Breach: Use this form if your landlord is not fulfilling their responsibilities, like repairs. [Download form]
• Notice of Rent Increase: This must be given in writing 60 days in advance for periodic leases. [Download form]

1. What should I do if my landlord refuses to make necessary repairs?

   First, make a request in writing. If repairs are still not made, you can issue a Notice to Remedy Breach and potentially apply to SACAT.

2. Can my landlord increase the rent any time?

   No, rent increases can only occur if allowed under the tenancy agreement and with proper written notice.

3. What is SACAT and how can it assist me?

   The South Australian Civil and Administrative Tribunal resolves disputes and can help in cases like eviction, repairs, and bond disputes.

1. How to file a dispute with SACAT in South Australia
   1. Step 1: Complete a SACAT Application

      Gather required details about your case and complete an application on the SACAT website.

   2. Step 2: Submit Your Application

      Submit your application online and pay any applicable fees.

   3. Step 3: Prepare for Your Hearing

      Gather evidence and prepare your case for the tribunal hearing.

Need Help? Resources for Renters

• SA Government Renting Advice
• South Australian Community Legal Centres Service
• Tenants Information and Advocacy Service (SA)

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¹ South Australian Residential Tenancies Act 1995. Retrieved from legislation.sa.gov.au.

² South Australian Civil and Administrative Tribunal (SACAT). Retrieved from sacat.sa.gov.au.

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