The Malinauskas Labor Government is leading the nation in our efforts to better protect tenants and is now introducing a new prescribed rental application form.
Protecting tenants' private information was one of the Malinauskas Government's key priorities when we began reforming South Australia's rental laws upon coming to government.
In line with National Cabinet's Better Deal for Renters recommendations, the Malinauskas Government has now developed a prescribed form for tenants to use when applying for a rental property.
This will ensure the personal information requested is relevant to their potential tenancy and prevents them from being asked for irrelevant personal details.
This is one of the last recommendations to be delivered and follows on from South Australia's groundbreaking reforms that took effect last year.
From 1 July 2024, landlords and agents have been prohibited from requiring prospective tenants to provide more than 2 documents in each of the following categories: verifying identity, financial ability to pay rent and suitability. This does not prevent tenants from offering to provide further documentation that might assist in their rental application.
We also introduced new laws requiring that information be protected and then destroyed after a certain period.
That is:
- if the application is successful: 3 years after the end of the tenancy
- for unsuccessful applicants: 30 days after the tenancy is let – or if the applicant agrees, 6 months after providing the information. This could be to assist with future applications.
The Malinauskas Government also introduced a prescribed list of reasons for landlords to end a tenancy such as wanting to move into or renovate their property and we extended the notice period to end a fixed-term tenancy from 28 days to 60 days.
Landlords now also face penalties if their property fails to meet minimum housing standards and rent increases are limited to once a year.
For the first time, tenants can have pets in rental homes with reasonable conditions to be set by their landlord such as having carpets cleaned at the end of the tenancy.
These reforms, which took effect last July, are the most significant reforms to our state's rental laws in more than 30 years.
South Australia has led the way in better protecting tenants and delivering on the National Cabinet agreement, while still ensuring the rights of landlords are upheld.
Other changes include allowing landlords to terminate a lease upon entering into a sales agreement with a registered agent to sell their property.
The prescribed application form can be used from 1 September. There will be a transition period with industry and landlords having until 1 January before the form becomes mandatory.
A new information campaign will launch in September by Consumer and Business Services, supported by the Real Estate Institute of SA (REISA), to educate landlords, tenants and real estate agents on these changes.
As put by Andrea Michaels
South Australia has led the way on better protecting tenants while still ensuring that landlords' rights are respected.
This new application form will ensure the personal information requested of tenants when applying for a rental property is relevant to their application and that they are not being asked needlessly for irrelevant personal information.
It complements the work we have already done to protect tenants' privacy and increase their security in their rental homes.
As put by SYC (Rent Right) Chief Operating Officer for Community Services, Kiara Kerr
Rent Right SA welcomes the introduction of the new rental application form in South Australia as a significant step forward in protecting renters' privacy.
This change helps ensure that only relevant personal information is requested, giving tenants greater confidence and security when applying for a home.
As put by REISA Chair Cain Cooke
REISA supports the introduction of provisions that better balance the rights of landlords and tenants.
The right to terminate a periodic lease or not renew a fixed term lease because the landlord has entered into a sales agency agreement is a welcome move from the Government to enable landlords to prepare their homes for sale.
We welcome the constructive dialogue that we had had and continue to have with the Government.
