Top Issues with Rent, Bond & Holding Deposits in SA

For renters in South Australia, understanding your rights and responsibilities regarding rent, bond, and holding deposits is essential. Various issues can arise, potentially affecting your living situation and financial stability. Here, we explore common challenges tenants face and provide guidance on navigating these situations effectively.

Common Rental Issues in South Australia

Rent Increases

Rent increases are a frequent concern for tenants. In South Australia, landlords can raise rent, but they must adhere to specific guidelines. Rent increases must be communicated in writing at least 60 days in advance and cannot occur more frequently than once every 12 months for fixed-term agreements. For periodic agreements, increases can only happen once every six months. If you feel a rent increase is unjustified, you can challenge it through Consumer and Business Services (CBS) by accessing the relevant forms and advice.

Bond Disputes

The bond is a security deposit paid at the beginning of a tenancy. It should not exceed the equivalent of four weeks' rent if the weekly rent is $250 or less, or six weeks’ rent if it is greater. Issues often arise at the end of a lease regarding the return of this bond. It's essential to document the property's condition through a Condition Report, as this can mitigate disputes about damage and cleanliness. Bond disputes can be escalated to the SACAT (South Australian Civil and Administrative Tribunal) for resolution.

Holding Deposits

Often overlooked, holding deposits can also cause confusion. A holding deposit in South Australia is typically paid to secure a property and should be returned if the landlord decides not to rent to the prospective tenant. If a rental agreement is not reached within the specified time, the holding deposit must be refunded. Misunderstandings about the terms can lead to disputes, so clarity and written agreements are crucial.

As a renter, always keep thorough records of all communications and agreements with your landlord. This documentation will be invaluable if disputes arise.

Legal Protection for Tenants

Tenants in South Australia are protected under the Residential Tenancies Act 1995, which outlines the rules landlords and tenants must follow. Understanding these laws can help you advocate for yourself in disputes involving rent increases, bond returns, and holding deposits.

• Consider visiting the official SA.GOV.AU rental page for detailed guidance on your rights and obligations.
• For legal issues or when planning to take action, consulting the South Australian Civil and Administrative Tribunal can provide a path to resolution.

1. What options do I have if my landlord fails to return my bond?
2. Can my landlord increase rent at any time during the lease?
3. What happens to my holding deposit if I decide not to rent the property?

Need Help? Resources for Renters

If you need assistance with rental issues in South Australia, these resources can help:

• Consumer and Business Services (CBS): Provides a range of forms and advice, accessible at sa.gov.au.
• South Australian Civil and Administrative Tribunal (SACAT): Handles tenancy disputes and is available at sacat.sa.gov.au.
• Tenants' Information & Advocacy Service: Supports tenants with advice and advocacy, reachable through local community legal centres.

---

1. What options do I have if my landlord fails to return my bond? If your landlord does not return your bond, you can apply to the SACAT for resolution. Ensure you have all relevant documentation and evidence to support your claim.
2. Can my landlord increase rent at any time during the lease? No, rent increases during a fixed-term lease must comply with the notice requirement and cannot occur more frequently than once every 12 months.
3. What happens to my holding deposit if I decide not to rent the property? If you decide not to proceed with the rental, you are typically entitled to a refund of the holding deposit unless otherwise specified in a written agreement.

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