South Australia Rights and Obligations during the Tenancy
Landlords and tenants have various rights and obligations during the tenancy agreement. These include paying for utilities, repairs and maintenance, and security.
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?
What should I do if the other party breaches the Residential Tenancy Agreement?
If the other party breaches the tenancy agreement, you should firstly attempt to resolve the matter by simply informing the other party and discussing a solution. If this does not work, you can give them a notice to remedy breach. The notice formally tells the other party to fix the breach. If the breach is not fixed, the landlord or tenant can seek a court order or decide to terminate the tenancy, depending on the circumstances. This is covered in more detail in the Termination Guide. What breach notice you should use depends on who is at fault:
- Form 2: Notice to Tenant to Remedy Breach—for landlords to give to tenants who have breached the tenancy agreement
- Form 3: Notice to Landlord to Remedy Breach—for tenants to give to landlords who have breached the tenancy agreement
Who is responsible for utility fees and other charges?
Various different charges arise during the tenancy for the premises. Generally, tenants pay for utilities like water that are separately metered for their use. Landlords pay for most other charges like land taxes and council rates.
Read more about Fees and Charges
What rights and obligations do tenants have?
Throughout the tenancy, the tenant has a number of rights owed to them by the landlord, as well as various obligations they must fulfil. For example, the tenant has the right to enjoy the rented premises without any interference by the landlord. The tenant is also under an obligation to keep the premises clean and to notify the landlord of any damage.
Read more about Tenants’ Rights and Obligations
What are the landlord’s obligations?
At the beginning of the tenancy and throughout the landlord has a number of obligations that they must fulfil. For example, the premises must be reasonably clean at the start of the tenancy and provide the tenant with information about their rights.
Read more about Landlord’s Obligations
When can the landlord enter the premises?
During the tenancy, the landlord may need to enter the premises for a particular reason. Importantly, landlords can only enter under a certain number of circumstances. If the tenant consents, the landlord can enter at any time. If the tenant does not consent, then the landlord can only enter for specific reasons like an emergency or to conduct repairs.
Read more about the Landlord’s Rights to Enter the Premises
Who is responsible for repairs and maintenance?
Landlords are under a general obligation to provide and maintain the premises in a good state of repair throughout the tenancy. Therefore, it is generally the landlord’s responsibility to conduct or arrange for repairs. In the case of emergency repairs, the landlord should generally be given the first opportunity to conduct the repairs. The tenant can be reimbursed for any costs they have borne for emergency repairs if the landlord has not carried out the repairs properly.
Read more about Repairs and Maintenance
When can alterations or additions be made to the premises?
Before the tenant installs any fixtures or makes any structural alterations to the premises, they must get the landlord’s consent. The landlord can only refuse to give consent if it is reasonable to do so. For example, if the proposed alteration involves structural changes to the premises.
Read more about Alterations and Additions
Who is responsible for security?
The landlord is responsible for providing and maintaining the premises at a reasonably secure standard. Generally, if the locks need to be changed by the landlord or tenant they should get the consent of the other party.
Read more about Security and Locks
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.