Government and non-government agencies meet to review SA’s rental and tenancy laws

Pets, bonds and tenant security were three key issues scrutinised at today’s emergency talks to solve SA’s increasing housing crisis.

Tenant security, dispute resolution and renting with pets were agenda items discussed at today’s stakeholder forum addressing South Australia’s residential tenancy laws.

The forum, chaired by Consumer and Business Affairs Minister Andrea Michaels discussed the state’s worsening rental crisis and reviewed the Residential Tenancies Act.

One of the key issues raised, that may assist renters with cost of living pressures, was the idea of raising the bond threshold from $250 - which has not been changed since 1996. Currently, renters have to pay up to six weeks of the weekly rent as bond if the weekly rent is higher than $250.

Other key issues raised included faster turnaround times for the release of bond payments when a tenant has finished a lease, prohibiting the practice of rent bidding, and investigating options to allow renters to access financial hardship provisions regarding SA water charges.

“The forum was an important step in ensuring South Australia’s residential tenancies laws are modern, and that there is balance in the system. Stakeholders representing both tenants and landlords took part in really open and frank discussions about how we can ease pressure for all involved.” said Minister for consumer and business affairs, Andrea Michaels.

Ms Michaels has asked the commissioner for consumer and business services to take on stakeholder feedback and prepare a consultation paper. The paper will form the basis for amendments to the RTA, which has not been reviewed since 2014.

The consultation paper will be prepared to enable informed debate and consideration by renters, landlords and other key stakeholders for amendments to RTA.

The forum was attended by government agencies including Consumer and Business Services, the Human Services Department, the Premier and Cabinet Department and the South Australian Civil and Administrative Tribunal, which oversees disputes between tenants and landlords.

Non-government stakeholders included Shelter SA, the Real Estate Institute of South Australia (REISA), the Landlords’ Association, Uniting Communities, St Vincent de Paul, the South Australian Council of Social Service and the University of Adelaide.

Ms Michaels said improving the relationship between landlords and tenants was “one part of the puzzle”.

“This won’t fix the supply problem, it won’t mean there’s 10,000 new houses built, but it will ease that pressure on the relationship,” she said. “The plan is today to come up with some options.

“I think it’s a worthwhile time to stop and have a look at whether we can make improvements to the Act.

Consumer and Business Affairs Minister Andrea Michaels after being sworn in as minister. Picture: NCA NewsWire / Morgan Sette

“It’s (the rental crisis) horrific. The stories that we hear are heartbreaking. To know there’s mothers living in cars with kids … we need a whole-of-government approach.”

Shelter SA executive director Alice Clark said the organisation was seeking a balance in the responsibilities of landlords and tenants.

“Shelter SA has asked for many years for the removal of the no-cause evictions section of the Act,” Dr Clarke said.

“We think there are many reasons why landlords can evict tenants due to a breach of the lease agreement, and they should remain, but to be able to end a legal tender without a cause seems to be very old-fashioned. We need to follow on with some of the other jurisdictions in Australia and the changes they’ve made.”

Dr Clarke also said Shelter SA would try to make renting with pets easier.

“The number of pet-friendly rentals that are listed is very low in South Australia,” she said.

“What we don’t want is people hiding their pets which we know happens frequently.

Acting REISA chief executive Cain Cooke said the institute would try to avoid putting “hurdles in place” that would prevent investors entering the market.

On Wednesday the SA Greens proposed a bold new plan to allow temporary portable homes to be built on vacant private land.

Under the Bill, set to be introduced to parliament next month, the state government would be able to place the housing on vacant land “in circumstances where the owner is unwilling or unable to undertake development”.