Rent bidding illegal in South Australia from 1 September 2023

1 September 2023

After placing a ban on rent bidding in July, South Australia Consumer and Business Services (CBS) has today announced that the practice of rent bidding is officially illegal in the state of South Australia. A landlord or agent found to be soliciting rent bids may be fined up to $20,000.

According to CBS, under the reforms:

  • Landlords or agents must now advertise premises at a fixed amount and must not solicit or otherwise invite an offer for higher rent. This means landlords are no longer able to advertise properties with a rent range, put properties up for rent auction, or solicit offers over the advertised rental price.

  • Additionally, where a third party is facilitating tenancy applications, any rating or assessment of a prospective tenant must not be based on an offer of higher rent.

  • A penalty of up to $20,000 will apply for breaches of the new rent bidding laws.

  • This significant reform brings South Australia in line with other Australian jurisdictions.

Following on from its announcements earlier in the year regarding renting with pets and ending no-cause evictions, CBS has confirmed that further consultation is underway on these matters. CBS states that “the amendment would allow landlords to set reasonable conditions on the keeping of the pet. The amendments also include increasing the minimum notice to end a tenancy from 28 days to 60 days and ending ‘no cause’ evictions”.