RESIDENTIAL TENANCIES ACT 1995
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 3 Interpretation
- 4 Presumption of periodicity in case of short fixed terms
- 5 Application of Act
PART 2--Administration
- 6 Administration of this Act
- 7 Ministerial control of administration
- 8 The Commissioner's functions
- 10 Annual report
PART 3--South Australian Civil and Administrative Tribunal
Division 3--The Tribunal's jurisdiction
Division 5--Procedural powers of Tribunal
- 32 Intervention of designated housing agency
- 33 Amendment of proceedings
Division 7--Orders
- 35 Special powers to make orders
Division 8--Obligation to give reasons for decisions
- 39 Reasons for decisions
- 39A Time for application for review or instituting appeal
PART 4--Mutual rights and obligations of landlord and tenant
- 47A Prospective tenant to be notified of sale of premises
- 47B Prospective tenant--requirements relating to provision of information
Division 2--Discrimination against tenants with children
- 52 Discrimination against tenants with children
Division 3--Rent
- 52A Premises to be offered for rent at fixed amount
- 52B Special provision relating to assessments etc of prospective tenants
- 53 Permissible consideration for residential tenancy
- 54 Rent in advance
- 55 Variation of rent
- 56 Excessive rent
- 56A Manner of payment of rent
- 57 Landlord's duty to keep proper records of rent and other payments
- 58 Duty to provide statement or give receipt for rent
- 58A Payment of rent by electronic transaction
- 59 Accrual and apportionment of rent
- 60 Abolition of distress for rent
Division 4--Bonds
Division 5--Tenant's entitlement to possession and quiet enjoyment
- 64 Vacant possession etc
- 65 Quiet enjoyment
Division 6--Security of premises
Division 7--Landlord's obligation in regard to condition of the premises
Division 8--Tenant's obligations in relation to the premises and ancillary property
Division 9--Tenant's conduct on the premises
Division 9A--Landlord's obligation to advise of sale of premises
Division 10--Landlord's right of entry
Division 11--Statutory charges
Division 12--Assignment
Division 13--Tenant's vicarious liability
Division 14--Harsh or unconscionable terms
- 76 Harsh or unconscionable terms
Division 14A--Tenant information
Division 15--Miscellaneous
- 77 Accelerated rent and liquidated damages
- 78 Duty of mitigation
- 78A Compensation for expenses
Division 1--Termination generally
- 79 Termination of residential tenancy
- 79A Agreement for fixed term continues if not terminated
Division 2--Termination by the landlord
- 80 Notice of termination by landlord on ground of breach of agreement
- 81 Termination because possession is required by landlord for certain purposes
- 82 Termination of residential tenancy by community housing providers with members who are tenants
- 83 Termination by landlord without specifying a ground of termination
- 83A Notice to be given at end of fixed term
- 83B Termination where agreement frustrated
- 84 Limitation of right to terminate
Division 3--Termination by tenant
- 85 Notice of termination by tenant on ground of breach of the agreement
- 85A Termination by tenant if residential premises for sale
- 86 Termination by tenant without specifying a ground of termination
- 86A Notice to be given at end of fixed term
- 86B Termination where agreement frustrated
Division 4--Termination by the Tribunal
Division 5--Notices of termination
- 91 Form of notice of termination
- 92 Termination of periodic tenancy
- 92A Notice of termination void if no action taken
Division 6--Repossession of premises
Division 7--Abandoned property
Division 8--Enforcement of orders for possession
- 99 Enforcement of orders for possession
PART 5A--Residential tenancy databases
- 99A Definitions
- 99B Application
- 99C Extra-territorial operation of Part
- 99D Notice of usual use of database
- 99E Notice of listing if database used
- 99F Listing can be made only for particular breaches by particular persons
- 99G Further restriction on listing
- 99H Ensuring quality of listing--landlord's or agent's obligation
- 99I Ensuring quality of listing--database operator's obligation
- 99J Providing copy of personal information listed
- 99K Keeping personal information listed
- 99L Powers of Tribunal
- 99M Notifying relevant non-parties of Tribunal order about listing
PART 6--Residential Tenancies Fund
- 100 Residential Tenancies Fund
- 101 Application of income
- 102 Accounts and audit
PART 7--Rooming houses
Division 1--Interpretation
Division 2--Rooming house agreements
Division 3--House rules
Division 4--Mutual rights and obligations of proprietors and residents
Subdivision 1--Rent and other charges
- 105E Permissible consideration and statutory charges
- 105F Rent in advance
- 105G Duty to provide statement or give receipt for payments
- 105H Payment of rent by electronic transaction
- 105I Rent increases
- 105J Rent decreases
Subdivision 2--Bonds
- 105K Bond
- 105L Receipt of bond and transmission to Commissioner
- 105M Repayment of bond
Subdivision 3--Other obligations of proprietor
- 105N Use and enjoyment of room and facilities
- 105O Security of premises and personal property
- 105P Obligation to repair and keep room and premises clean
- 105Q Sale of rooming house
Subdivision 4--Other obligations of resident
- 105R General obligations of resident
Subdivision 5--Miscellaneous
- 105S Accelerated rent and liquidated damages
- 105T Goods not to be taken in lieu of amounts owing to proprietor
PART 8--Dispute resolution
Division 1--Conciliation
Subdivision 1--Definitions for this Division
Division 2--Intervention
Division 3--Powers of the Tribunal
Division 4--Representation
- 113 Representation
- 114 Remuneration of representative
PART 9--Miscellaneous
- 115 Contract to avoid Act
- 117 Notice by landlord not waived by acceptance of rent
- 117A Liability to prosecution not to derogate from civil liability
- 118 Exemptions
- 119 Tribunal may exempt agreement or premises from provision of Act
- 120 Service
- 121 Regulations