New rental laws commence in South Australia on 1 July 2024 under "biggest update of rental laws" in nearly 30 years

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New rental laws commence in South Australia on 1 July 2024 under "biggest update of rental laws" in nearly 30 years

23 June 2024

In a media release today, the South Australian Government has announced the commencement of major rental reforms from 1 July 2024. This comes after earlier reforms were introduced to SA renting laws on 1 September 2023.

The July 2024 reforms also follow the State Government’s proposed bill from November 2023 to amend the Residential Tenancies Act 1995, and it seems the then-proposed changes will now become law.

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Bill introduced to amend South Australia's Residential Tenancy Act

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Bill introduced to amend South Australia's Residential Tenancy Act

1 November 2023

In a media release today, the South Australian Government has announced the introduction of “landmark rental reforms” to parliament as part of its commitment to improving housing outcomes in the rental market.

Under the proposed bill to amend the Residential Tenancies Act 1995, changes to legislation would include:

  • introducing prescribed grounds to terminate or not renew a tenancy

  • extending the notice period to end a tenancy from 28 days to 60 days

  • allowing tenants to have pets in rental homes with reasonable conditions

  • protecting tenants’ information

  • ensuring rental properties comply with minimum housing standards

  • providing additional support for victims of domestic violence.

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South Australian government's commitment to improving housing outcomes

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South Australian government's commitment to improving housing outcomes

27 September 2023

In its latest issue of ‘CBS Connect’, South Australia’s Consumer and Business Services (CBS) announces the State’s commitment to greater protection for prospective tenants.

Earlier this month, we reported on new laws surrounding the prohibition of rent bidding in South Australia, which commenced on 1 September 2023. CBS has since clarified further commitments to improving housing outcomes for tenants and prospective tenants.

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September 2023 Newsletter

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September 2023 Newsletter

1 September 2023

Newsletter snapshot:

  • Industry updates: NSW licensees in charge: Ensure assistant agents are qualified by March 2024 // NSW Continuing Professional Development (CPD) for multi-licence holders clarified.

  • Disciplinary action: Queensland Fair Trading charges Cairns real estate agent over 13 offences.

  • Legislative changes: Further reforms to rent bidding in NSW // Rent bidding illegal in South Australia from 1 September 2023 // New laws around minimum housing standards commence 1 September 2023 in Queensland.

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Rent bidding illegal in South Australia from 1 September 2023

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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.

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August 2023 Newsletter

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August 2023 Newsletter

4 August 2023

Newsletter snapshot:

  • Industry updates: NSW Government announces change to temporary accommodation access support people in crisis // NSW Government introduces rental commissioner role // Queensland Residential Tenancies Authority reports over 114,000 outstanding bond payments // NSW stock agent news: Sheep and goat electronic ID grants open for saleyards and processors

  • Disciplinary action: Victorian agents hit with over $500k in fines for underquoting // Consumer Affairs Victoria commences action against agency for practising while unlicensed.

  • Legislative changes: NSW Government engages community consultation for further changes to rental laws // No-cause evictions to be banned in South Australia.

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No-cause evictions to be banned in South Australia

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No-cause evictions to be banned in South Australia

17 July 2023

In a media release today, South Australia Consumer and Business Services (CBS) has announced that, under further rental reforms, tenants in South Australia will “no longer be able to be evicted from their rental home without cause”.

The new laws around no-cause evictions mean that landlord will only be able to end a periodic tenancy or to not renew a fixed-term lease for a prescribed reason, including:

  • any breaches to the tenancy by the tenant, or

  • if the landlord wants to sell, renovate or occupy the property.

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Rent bidding banned in South Australia

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Rent bidding banned in South Australia

27 June 2023

In a media release today, South Australia Consumer and Business Services (CBS) has announced that rent bidding within the South Australian rental market is now prohibited. Landlords and agents will no longer be able to:

  • advertise properties with a rent range,

  • put properties up for rent auction, or

  • solicit offers over the advertised rental price.

The new laws will also prevent third-party tenancy application platforms from rating or assessing a prospective tenant based on an offer of higher rent.

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South Australia rental reforms: An update on laws for renting with pets

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South Australia rental reforms: An update on laws for renting with pets

18 June 2023

Earlier this year, the South Australian Government provided broader insight into the changes expected to residential tenancy laws. The Government sought and received feedback on a range of issues, including the rules around ending or not renewing a lease, maximum bond amounts, rent bidding, and tenant rights around renting with pets.

South Australia Consumer and Business Services (CBS) has today provided an update on the issue of renting with pets, and the new rights and responsibilities of tenants and landlords around the issue.

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April 2023 Newsletter

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April 2023 Newsletter

6 April 2023

Newsletter snapshot:

  • Site-wide Easter long weekend discount code!

  • Industry updates: WA Government reports $4 million in bond money waiting to be claimed by tenants and landlords.

  • Disciplinary action: Former Victorian agent faces over 900 charges relating to trust fund misuse.

  • Legislative changes: ACT tenancy reforms commenced 1 April 2023, Reforms to South Australian renting law officially underway.

  • Employment opportunity: Ingleburn NSW, Full-time Property Manager with Linkers Real Estate

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Reforms to South Australian renting law officially underway

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Reforms to South Australian renting law officially underway

27 March 2023

Following consultation with property industry participants and the public late last year, the South Australian Government has now introduced proposed changes to the Residential Tenancies Act 1995 to parliament.

The Government of South Australia initially outlined immediate priorities on 15 February 2023, including:

  • a commitment to improving housing outcomes

  • more affordable rental bonds

  • a ban on rent bidding

  • restrictions on what information is requested on rental application forms

  • greater protection for tenant information

As the key regulator of the property industry in South Australia, Consumer and Business Services (CBS) has announced they will “provide advice to the State Government to inform the best way forward for South Australia”.

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December 2022 Newsletter

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December 2022 Newsletter

2 December 2022

Newsletter snapshot:

There’s been a lot of discussion around legislative changes for the SA, NSW and WA residential and commercial property sectors over the past month. We also saw several agents in WA, Tasmania and Victoria receive court charges, fines and licence suspensions over industry misconduct.

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