South Australia Landlord's Obligations
During the agreement, the landlord has a number of general obligations. It is important for both landlords and tenants to read this section to understand their rights and responsibilities.
This guide covers landlords (or head-tenants) and tenants (or sub-tenants) in a Residential Tenancy. This applies to the majority of share accommodation and residential property rental situations. To confirm it covers your situation visit What is my share accommodation situation?
Obligation to ensure no legal impediment to occupation
The landlord must ensure that the tenant is legally allowed to occupy the rented premises as a residence. Legal impediments to using a rented premises as a residence commonly include environmental planning restrictions, health and safety regulations, or government orders. This means that the landlord should make enquiries before renting a premises to determine whether it can be used as a residence.
Obligation to provide premises in clean condition
The landlord must provide the premises in a reasonably clean condition at the beginning of the tenancy. This means that the premises should be fit to live in, and not require any additional cleaning by the tenant before they can move in. Landlords should ensure that the walls, doors, ceilings, floors, carpets, toilets, and any appliances are all in a suitable condition.
Obligations about sale of premises
If the landlord has advertised the premises for sale, intends to do so, or has entered a contract with a real estate agent to sell, they must notify any prospective tenants before entering a residential tenancy agreement.
If the landlord intends to sell the rented premises during the agreement, they must notify the tenant in writing within 14 days after the landlord enters a contract with a real estate agent to sell the property.
The property must not be advertised for sale or any inspections conducted for at least 14 days after the written notice is given.
If the property is sold, the landlord must notify the tenant of the buyer’s name, and from when rent must be paid them, at least 14 days before ownership transfers to the buyer.
Obligation to give the tenant certain information
Before the tenant moves in, the landlord must give the tenant a copy of the South Australia Tenant Information Brochure.
The landlord must also give the tenant any instructions necessary to operate domestic appliances or facilities, e.g. a washing machine, that are provided with the premises under the tenancy agreement.
If there is a change in ownership or a change in the managing agent, the new landlord or agent must notify the tenant within 14 days of the change occurring using the Change of Ownership/Agent Form.
These legal guides provide a brief summary and introduction of the laws and regulations affecting share accommodation. They do not cover all cases in all legal jurisdictions and might not apply in your specific share accommodation situation. It is important that you use this information as a guide only and seek independent Legal Advice or consult the Relevant Acts. We do not accept any liability that may arise from the use of this information.