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How Changes to Minimum Housing Standards Affect South Australian Landlords

On 1 July 2024, the South Australian government introduced a range of rental laws affecting landlords and tenants. With many of these reforms aimed at improving minimum housing standards, homeowners might find themselves obligated to undertake property repairs to uphold these new standards. To help you keep up with the latest information, we’ve highlighted the major updates to the minimum housing standards and explored how you might be affected.

New tenancies must commence with the new minimum standards

Now new minimum housing standards are in place across South Australia, landlords and their agents must ensure rental properties meet these new standards before a new tenancy commences. With fines reaching $25,000 for failing to meet these minimum standards, getting across the changes is essential.

Tenants can request repairs to meet the new minimum standards

If your existing rental property doesn’t comply with the new minimum housing standards, renters have a right to request urgent repairs take place to meet the new standards. For example, the presence of mould is the landlord’s responsibility and external windows that can be opened must be fitted with a latch, alongside numerous other minimum standards.

Tenants can serve a notice of termination for non-compliance

If you don’t take action on bringing your rental property up to meet the new minimum standards, tenants are enabled to serve a notice of termination, also known as a Form 14, under the Residential Tenancies Act 1995. Not only could this impact your ability to generate rent from your property, but it also could put you in hot water with the relevant authorities.

Restrictions to fixed-term lease renewals

Changes to South Australia’s rental laws also restrict the grounds for landlords and agents to deny a renewal for fixed-term lease agreements. To protect against situations involving disputes over repairs to meet the new minimum housing standards, non-renewal is limited to circumstances where repairs can’t be completed while tenants remain in the property.

Speak to the experts

Do you have a question about South Australia’s new minimum housing standards? Get in touch with the experts at InStyle Property Management to find out how we can guide you through the obligations of landlords and tenants. Our highly experienced team can help you manage your rental properties and achieve your investment goals.

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