Residential Tenancies (Miscellaneous) Amendment Bill 2023 (SA)

South Australia Residential Tenancies (Miscellaneous) Amendment Bill 2023 A Bill For An Act to amend the Residential Tenancies Act 1995 and to make related amendments to the Real Property Act 1886 and the Residential Parks Act 2007.

Contents 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 47C Advertising premises and misleading etc conduct 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 66A Altering locks etc for premises in certain circumstances 66B Application to Tribunal to alter etc locks or security devices without consent 26 Insertion of Part 4 Division 6A Division 6A—Keeping of pets on premises 66C Keeping of pets on premises 66D Grounds for refusing pets being kept at premises 66E Tenant may seek Tribunal orders 66F Continuation of approval to keep pet on premises 66G Limitation of landlord's liability 27 Insertion of sections 67A and 67B 67A Occupation of premises that do not comply with minimum housing standards 67B Testing and remediation in relation to drug contamination 28 Insertion of section 68A 68A Minimum efficiency standards 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 73A Agreements relating to installation of solar energy systems 73B Excessive water usage charges 35 Substitution of Part 4 Division 12 Division 12—Assignment and sub-letting 74 Assignment and sub-letting by tenant 74A Tenant may apply to Tribunal 74B Landlord cannot demand or receive fee for giving consent 36 Insertion of Part 4 Division 13A Division 13A—Maximum liability for rent payable following tenant's termination of fixed term tenancy 75A 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 79B 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 80A Termination by landlord on ground of drug contamination 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 84A Compensation for termination in certain circumstances 50 Insertion of section 85AA 85AA Notice of termination by tenant for successive breaches of the agreement 51 Insertion of sections 85B, 85C and 85D 85B Notice of termination by tenant due to condition of premises 85C Notice of termination by tenant in certain circumstances 85D Notice of termination by tenant on ground of domestic abuse 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 90A Tribunal may make orders in relation to retaliatory behaviour 90B Tribunal may make orders in relation to circumstances of domestic abuse 54 Amendment of section 91—Form of notice of termination 55 Insertion of section 91A 91A Prohibition on letting premises after notice of termination 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 103A Interpretation 103B Proprietors must be registered to carry on business relating to designated rooming houses 103C Registration 103D Annual return and fee 103E Notification of change in circumstances 103F Cancellation or suspension of registration 103G Review by Tribunal 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 105PA Minimum efficiency standards 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 114A Internal review in relation to certain orders 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 1 Interpretation 2 Operation of amendments 3 Abandoned property 4 Internal review 5 Other provisions Schedule 1—Related amendments Part 1—Amendment of Real Property Act 1886 1 Amendment of section 69—Title of registered proprietor indefeasible Part 2—Amendment of Residential Parks Act 2007 2 Amendment of section 7—Residents committees 3 Amendment of section 10—Residential park agreement to be in writing 4 Amendment of section 11—Copies of written agreements 5 Amendment of section 12—Agreements incorporate park rules 6 Amendment of section 14—Information to be provided by park owners to residents 7 Amendment of section 15—False information from resident 8 Amendment of section 17—Discrimination against residents with children 9 Amendment of section 17B—Certain site agreements to be reissued 10 Amendment of section 18—Permissible consideration for residential park agreement 11 Amendment of section 19—Rent in advance 12 Amendment of section 20—Method of payment of rent 13 Amendment of section 22—Excessive rent 14 Amendment of section 23—Park owner's duty to keep proper records of rent 15 Amendment of section 24—Duty to give receipt for rent 16 Amendment of section 27—Bond 17 Amendment of section 28—Receipt of bond and transmission to Commissioner 18 Amendment of section 31—Quiet enjoyment 19 Amendment of section 32—Residential park tenancy agreement—security of dwelling 20 Amendment of section 33—Access to residential park 21 Amendment of section 36—Resident's responsibility for cleanliness and damage 22 Amendment of section 46—Accelerated rent and liquidated damages 23 Amendment of section 48—Assignment of residential park agreement 24 Amendment of section 50—Residential park site agreement—sale of dwelling on‑site 25 Amendment of section 59—Termination where periodic tenancy and sale of rented property 26 Amendment of section 85—Repossession of rented property 27 Amendment of section 87—Enforcement of orders for possession 28 Amendment of section 89—Resident to give forwarding address 29 Amendment of section 91—Offence to deal with abandoned property in unauthorised way 30 Amendment of section 95—Park owner may give person notice to leave for serious act of violence 31 Amendment of section 96—Exclusion from park for certain period 32 Amendment of section 98—Occupation of rented property pending application or hearing 33 Amendment of section 137—Contract to avoid Act 34 Amendment of section 138A—Park owner must have safety evacuation plan