South Australian Consolidated Acts

RESIDENTIAL TENANCIES ACT 1995 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"ancillary property" means property (not forming part of premises subject to a residential tenancy agreement) that is provided by the landlord, either under the residential tenancy agreement or independently of the agreement, for use by the tenant;

"Commissioner" means the Commissioner for Consumer Affairs;

"Fund" means the Residential Tenancies Fund;

"housing improvement notice" means a notice of intention to declare premises substandard, a notice declaring premises to be substandard, or a notice fixing the maximum rent payable for premises, under Part 7 of the Housing Improvement Act 1940 ;

"landlord" means—

            (a)         the person who grants the right of occupancy under a residential tenancy agreement; or

            (b)         a successor in title to the tenanted premises whose title is subject to the tenant's interest,

and includes a prospective landlord and a former landlord;

"lawyer" means a person entitled to practise the profession of the law under the Legal Practitioners Act 1981 ;

"mediation" of a dispute includes preliminary assistance in dispute resolution such as the giving of advice to ensure that—

            (a)         the parties to the dispute are fully aware of their rights and obligations; and

            (b)         there is full and open communication between the parties about the dispute;

"premises" includes a part of premises;

"registered agent" means a person registered as an agent under the Land Agents Act 1994 ;

"registered housing co-operative" means a housing co-operative registered under the Housing Co-operatives Act 1991 ;

"rent" means an amount payable under a residential tenancy agreement for the right to occupy premises for a period of the tenancy;

"residential premises" means premises for occupation as a place of residence;

"residential tenancy agreement" means an agreement (other than a rooming house agreement) under which a person grants another person, for valuable consideration, a right (which may, but need not, be an exclusive right ¹ ) to occupy premises for the purpose of residence;

"rooming house" means residential premises in which—

            (a)         rooms are available, on a commercial basis, for residential occupation; and

            (b)         accommodation is available for at least three persons on a commercial basis;

"rooming house agreement" means an agreement under which accommodation is provided (with or without meals, or other facilities or services) in a rooming house;

"rooming house proprietor" means a person who carries on a business involving the provision of accommodation under rooming house agreements;

"rooming house resident" means a person who boards or lodges in a rooming house;

"Rules" means the rules of the Tribunal;

"security" means an amount a tenant is required to pay under a residential tenancy agreement, or an agreement collateral to a residential tenancy agreement, as security for the performance of obligations under a residential tenancy agreement;

"security bond" means a provision of a residential tenancy agreement or a collateral agreement under which a tenant is required to give security for the performance of obligations under a residential tenancy agreement;

"statutory rates, taxes and charges" means—

            (a)         rates or charges imposed under the Local Government Act 1934 ; and

            (b)         rates or charges imposed under the Waterworks Act 1932 or the Sewerage Act 1929 ; and

            (c)         land tax under the Land Tax Act 1936 ;

"tenancy dispute" means—

            (a)         a claim under a residential tenancy agreement, a rooming house agreement, or an agreement collateral to a residential tenancy agreement or a rooming house agreement; or

            (b)         a dispute between parties or former parties to a residential tenancy agreement, a rooming house agreement, or an agreement collateral to a residential tenancy agreement or a rooming house agreement, about matters arising under the agreement or this Act;

"tenant" means the person who is granted a right of occupancy under a residential tenancy agreement or a person to whom the right passes by assignment or operation of law and includes a prospective tenant or a former tenant;

"Tribunal" means the Residential Tenancies Tribunal.

        (2)         If this Act provides for something to be done within a specified period from a particular day, the period will be taken not to include the particular day.

        (3)         If this Act provides that action may be taken after the expiration of a specified period of days, the period will be taken to be a period of clear days.

        (4)         For the purposes of this Act, a residential tenancy agreement includes an agreement granting a corporation the right to occupy premises that are occupied, or that are intended to be occupied, as a place of residence by a natural person.

Note—

1         However, it should be noted that the Act confers certain protections against intrusion on the premises by the landlord. Hence, even if the agreement does not, in its terms, confer an exclusive right to occupation, the Act will (at least in some respects) assimilate the right of occupation to the exclusive right conferred by a lease.