Rent Increases & Rent Control in South Australia

Living as a renter in South Australia requires awareness of your rights, especially concerning rent increases and controls. Understanding the key rules can help you better manage your renting experience and ensure you are treated fairly under the law.

Understanding Rent Increases in South Australia

In South Australia, rent increases are governed by the Residential Tenancies Act 1995. Under this legislation, landlords must provide tenants with at least 60 days' written notice before a rent increase takes effect.

Frequency of Rent Increases

The law stipulates that rent cannot be increased more than once every 12 months during a fixed-term lease. For periodic agreements, the same 12-month rule applies, ensuring fair treatment across different renting arrangements.

Notice Requirements

Landlords must issue a correct notice to inform tenants of a rent increase. The notice should clearly state the new rental amount and the date from which it will apply. If you have not received the correct notice, the increase may not be enforceable.

Disputing a Rent Increase

Tenants who believe a rent increase is excessive can challenge it through the South Australian Civil and Administrative Tribunal (SACAT), which is the relevant agency for handling such disputes.

Rent Control Measures

Currently, South Australia does not have specific rent control measures similar to those in other international jurisdictions. Rent control refers to government-implemented caps on how much rent can be charged or increased, which is not practiced in South Australia at this time.

When Can a Tenant Refuse a Rent Increase?

In certain circumstances, tenants can refuse a rent increase. For example, if the landlord doesn’t comply with the notice period requirements or sends an improperly formatted notice, you may not need to pay the increased rent. In such cases, engaging with SACAT can provide resolution.

Steps to Take if You Dispute a Rent Increase

1. Step 1: Review the Notice. Check if your landlord followed the state’s rules for notifying you of a rent increase. Ensure it meets the necessary format and timing requirements.
2. Step 2: Respond in Writing. Write to your landlord if you wish to negotiate or dispute the increase. Keep a copy of your correspondence for future reference.
3. Step 3: Apply to SACAT. If an agreement can't be reached, consider applying to SACAT for mediation and resolution.

Resources

Need Help? Resources for Renters

For more assistance, you can contact the following organizations:

• South Australia Government Housing Authority - Offers detailed guidance on renting rights.
• South Australian Civil and Administrative Tribunal (SACAT) - Provides dispute resolution services.
• Community Legal Services - Access free legal advice for tenancy issues.

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1. What is the minimum notice period for a rent increase in South Australia?In South Australia, landlords must provide a minimum of 60 days' written notice before increasing rent.
2. Can rent be increased during a fixed-term lease?No, rent increases in a fixed-term lease must comply with the written agreement and can only occur if specified and agreed upon when the lease was signed.
3. How often can rent be increased?Rent may only be increased once every twelve months, whether in a fixed or periodic agreement.
4. Where can I dispute an excessive rent increase?You can dispute a rent increase at the South Australian Civil and Administrative Tribunal (SACAT).

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