South Australian Numbered Acts

RESIDENTIAL TENANCIES (MISCELLANEOUS) AMENDMENT ACT 2023 (NO 41 OF 2023)

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement

   PART 2--Amendment of Residential Tenancies Act 1995

   3.      Amendment of section 3--Interpretation
   4.      Amendment of section 5--Application of Act
   5.      Amendment of section 35--Special powers to make orders
   6.      Amendment of section 47A--Prospective tenant to be notified of sale of premises
   7.      Amendment of section 47B--Prospective tenant--requirements relating to provision of information
   8.      Insertion of section 47C
   9.      Amendment of section 48--Information to be provided by landlords to tenants
   10.     Amendment of section 49--Residential tenancy agreements
   11.     Amendment of section 51--False information from tenant
   12.     Amendment of section 52--Discrimination against tenants with children
   13.     Amendment of section 53--Permissible consideration for residential tenancy
   14.     Amendment of section 54--Rent in advance
   15.     Amendment of section 55--Variation of rent
   16.     Amendment of section 56--Excessive rent
   17.     Amendment of section 56A--Manner of payment of rent
   18.     Amendment of section 57--Landlord's duty to keep proper records of rent and other payments
   19.     Amendment of section 58--Duty to provide statement or give receipt for rent
   20.     Amendment of section 61--Bond
   21.     Amendment of section 62--Receipt of bond and transmission to Commissioner
   22.     Amendment of section 63--Repayment of bond
   23.     Amendment of section 65--Quiet enjoyment
   24.     Amendment of section 66--Security of premises
   25.     Insertion of sections 66A and 66B
   26.     Insertion of Part 4 Division 6A Division 6A--Keeping of pets on premises
   27.     Insertion of sections 67A and 67B
   28.     Insertion of section 68A
   29.     Amendment of section 69--Tenant's responsibility for cleanliness, damage and loss
   30.     Amendment of section 70--Alteration of premises
   31.     Amendment of section 71A--Sale of residential premises
   32.     Amendment of section 72--Right of entry
   33.     Amendment of section 73--Statutory charges
   34.     Insertion of sections 73A and 73B
   35.     Substitution of Part 4 Division 12 Division 12--Assignment and sub-letting
   36.     Insertion of Part 4 Division 13A Division 13A--Maximum liability for rent payable following tenant's termination of fixed term tenancy
   37.     Amendment of section 76A--Preliminary
   38.     Amendment of section 76B--Dealing with tenant information
   39.     Amendment of section 76C--Powers of Tribunal
   40.     Amendment of section 77--Accelerated rent and liquidated damages
   41.     Amendment of section 79--Termination of residential tenancy
   42.     Insertion of Part 5 Division 1A Division 1A--Termination following death of sole tenant
   43.     Amendment of section 80--Notice of termination by landlord on ground of breach of agreement
   44.     Insertion of section 80A
   45.     Amendment of section 81--Termination because possession is required by landlord for certain purposes
   46.     Amendment of section 83--Termination by landlord without specifying a ground of termination
   47.     Amendment of section 83A--Notice to be given at end of fixed term
   48.     Amendment of section 84--Limitation of right to terminate
   49.     Insertion of section 84A
   50.     Insertion of section 85AA
   51.     Insertion of sections 85B, 85C and 85D
   52.     Amendment of section 89A--Termination based on domestic abuse
   53.     Insertion of Part 5 Division 4A Division 4A--Tribunal may make orders in relation to retaliatory behaviour and circumstances of domestic abuse
   54.     Amendment of section 91--Form of notice of termination
   55.     Insertion of section 91A
   56.     Amendment of section 95--Repossession of premises
   57.     Amendment of section 97A--Offence to deal with abandoned property in unauthorised way
   58.     Amendment of section 97B--Action to deal with abandoned property other than personal documents
   59.     Amendment of section 97C--Action to deal with abandoned personal documents
   60.     Amendment of section 99--Enforcement of orders for possession
   61.     Amendment of section 99D--Notice of usual use of database
   62.     Amendment of section 99E--Notice of listing if database used
   63.     Amendment of section 99F--Listing can be made only for particular breaches by particular persons
   64.     Amendment of section 99G--Further restriction on listing
   65.     Amendment of section 99H--Ensuring quality of listing--landlord's or agent's obligation
   66.     Amendment of section 99I--Ensuring quality of listing--database operator's obligation
   67.     Amendment of section 99J--Providing copy of personal information listed
   68.     Amendment of section 99K--Keeping personal information listed
   69.     Amendment of section 101--Application of income
   70.     Insertion of Part 7 Division 1A Division 1A--Registration of proprietors of designated rooming houses
   71.     Amendment of section 105--Copies of written agreements
   72.     Amendment of section 105C--Application to Tribunal if house rules are considered unreasonable
   73.     Amendment of section 105D--Availability of house rules
   74.      Amendment of section 105E--Permissible consideration and statutory charges
   75.     Amendment of section 105F--Rent in advance
   76.     Amendment of section 105G--Duty to provide statement or give receipt for payments
   77.     Amendment of section 105K--Bond
   78.     Amendment of section 105L--Receipt of bond and transmission to Commissioner
   79.     Amendment of section 105M--Repayment of bond
   80.     Amendment of section 105N--Use and enjoyment of room and facilities
   81.     Amendment of section 105O--Security of premises and personal property
   82.     Insertion of section 105PA
   83.     Amendment of section 105Q--Sale of rooming house
   84.     Amendment of section 105R--General obligations of resident
   85.     Amendment of section 105S--Accelerated rent and liquidated damages
   86.     Amendment of section 105T--Goods not to be taken in lieu of amounts owing to proprietor
   87.     Amendment of section 105U--Termination of rooming house agreement
   88.     Amendment of section 105W--Abandoned property
   89.     Amendment of section 114--Remuneration of representative
   90.     Insertion of Part 8 Division 5 Division 5--Other matters
   91.     Amendment of section 115--Contract to avoid Act
   92.     Amendment of section 119--Tribunal may exempt agreement or premises from provision of Act
   93.     Amendment of section 120--Service
   94.     Amendment of section 121--Regulations
   95.     Insertion of Schedule 3 Schedule 3--Transitional provisions--Residential Tenancies (Miscellaneous) Amendment Act 2023

   PART 1--Amendment of Real Property Act 1886

   PART 2--Amendment of Residential Parks Act 2007