In the event that a tenant is unable to pay their rent, or are in rent arrears, it is critical that they maintain consistent communication with the agent/landlord/housing provider by either phone text or email so they have a record of correspondence should the matter proceed to the South Australian Civil & Administrative Tribunal (SACAT).
Tenants are strongly encouraged to maintain a ‘rent first’ approach and pay any amount they can towards their rent obligations to the owner. Tenants may choose to request to enter into a payment plan for their utility bills (electricity, gas, telephone) and/or seek assistance for food from community/charitable organisations.
There is a legal process that an agent/landlord or housing provider must follow when a tenant falls behind with rental payments:
Remember that only SACAT has the legal authority to order an eviction from a rental property. Attending a SACAT hearing does not mean that the tenant will be automatically evicted from their rental property. The specific circumstances of the individual tenant will be taken into account at the hearing.
TIAS Tenancy Advisors can support you over the phone at SACAT hearings. We can provide advice and support to talk to your landlord or agent.
If you know that it might be hard for you to pay your rent, you should talk to your agent or landlord about your situation.
You can request a modification to your current rental amount. However, neither party has to agree to this.
We have prepared a Rent Relief Request Template that you can fill in and email to your landlord or agent. It is a good idea to communicate via email to make sure you have details of any changes that you agree to in writing.
At this stage, the government has only restricted open inspections, not routine inspections. Open inspections are for the sale of properties or while advertising a property for new tenants to rent.
Tenants should to talk to their agent about an alternative to routine inspections, if they are not comfortable having another person in their home at this time. A tenant could offer to take photos or a video of the property for the agent, but the agent doesn’t have to agree to this.
The Residential Tenancy Act states that a tenant cannot ‘unreasonably’ deny access for an inspection. What is reasonable is ultimately determined by SACAT, but it’s better to try and communicate with your agent or landlord before it gets to that stage.
If you have recently returned from overseas, experiencing symptoms of a cold or have tested positive for COVID-19 please advise your agent/landlord/housing provider immediately.
Tenants in public housing are usually charged a portion of their income as rent. People who receive many types of welfare payment will receive additional COVID-19 stimulus support payments. SA Housing and community housing tenants will not have to pay increased rent because of this additional income.
If you believe your rent has gone up because of the stimulus payment, talk to your housing provider. For further advice, contact us on 1800 060 462 or by the contact form below.
The state Government has announced that a landlord will not be able to evict a tenant if they are unable to pay their rent due to the loss of income or employment as a result of COVID-19.
You still need to talk to your agent if you have concerns about paying your rent or being evicted for any other reason. You can ask to make alternative payment arrangements.
If you can’t reach an agreement, the landlord may apply to the South Australian Civil and Administrative Tribunal (SACAT) to try to resolve the matter. Remember that only SACAT has the legal authority to order an eviction from a rental property. Attending a SACAT hearing does not mean that the tenant will be automatically evicted from their rental property. The specific circumstances of the individual tenant will be taken into account at the hearing.
TIAS Tenancy Advisors can support you over the phone at SACAT hearings. We can provide advice and support about how to talk to your landlord or agent.
Government advice is that tenants should try to negotiate their rent with the landlord. A landlord will not be able to evict a tenant if they are unable to pay their rent due to the loss of income or employment as a result of COVID-19.
At this stage, nothing has been announced to say that outstanding rent money will not have to be paid back, once this pandemic is over.
The safest option is to assume that the rent debt will still need to be repaid until told otherwise.
We encourage tenants to keep a diary.
For advice on your situation, please call our tenancy advisors on 1800 060 462 or use the contact form below.
Please see advice on the South Australian Civil and Administrative Tribunal (SACAT) website: www.sacat.sa.gov.au/about-sacat/public-health-at-sacat
Our tenancy advisors are still able to support tenants at SACAT hearings via phone, while face-to-face hearings are not taking place.
Our friendly TIAS advisors are experts in helping people to navigate the challenges of renting and stay in their homes. Priority assistance is given to households who are paying greater than 30% of their income in rent. Download the TIAS Brochure.
Public Housing
Private Rental
Community Housing
Housing Co-operatives
Rooming/Boarding Houses
Public Housing
Private Rental
Community Housing
Housing Co-operatives
Rooming/Boarding Houses
We provide advice, information and guidance relating to:
Leases
Bond disputes
Property maintenance
SACAT processes
Rent arrears
SA Housing Authority processes and appeals
Community Housing processes and appeals
We provide advice, information and guidance relating to:
Leases
Bond disputes
Property maintenance
SACAT processes
Rent arrears
SA Housing Authority processes and appeals
Community Housing processes and appeals
Monday to Friday 9am – 5pm (except public holidays)
Available in Northern Adelaide, Western Adelaide, Southern Adelaide and Adelaide Metro.
Available Tuesdays and Thursdays, 9:30am to 4:30pm for support with hearings.
No. A fixed term lease is binding and neither party can end the agreement unless there have been a breach of the tenancy conditions.
No. Rent is a separate issue to maintenance repairs. Contact your Housing Provider or TIAS for further information on how to have maintenance completed.
No. Your Housing Provider has to give you 7 to 14 days notice of their intention to enter your property to inspect. However, they can attend without prior notification in the case of an emergency or to make urgent repairs.
Yes, if it is written into your tenancy agreement the rent can be increased every 12 months provided you are given 60 days’ notice in writing.
No. We are sorry, but TIAS does not provide emergency housing.
You may be able to get help from:
To have your bond refunded you need to come to an agreement with your Housing Provider. If an agreement isn’t reached you can dispute the bond claim.
No. If you name is on the lease you need to arrange for this to be removed prior to leaving the property. If this cannot be arranged you may be liable for any unpaid rent or damage that is caused to the property as long as your name remains on the lease.
No. A Form 2 is a warning letter; you need to rectify the breach by the date stated. If you do not rectify the breach by this date the landlord/agent can apply to the SACAT for a hearing to have you evicted. This may result in Vacant Possession being ordered.
Don’t leave it to the last minute. Contact the landlord/agent approximately 8 weeks prior to the end of the lease to find out if it will be renewed. If it is not renewed and you continue to remain in the property beyond the end of the lease you may be evicted.
For fixed term tenancies entered into on or after 1 March 2014 either the landlord or the tenant may terminate a fixed term agreement at the end of the term after giving at least 28 days’ written notice. If this notice is not given by either party, the agreement will continue as a periodic tenancy.
Firstly, try to arrange a payment plan with your Housing Provider. If this is unsuccessful or you are in a significant amount of arrears contact the SA Housing Authority and they may be able to provide some financial assistance if you meet the eligibility criteria.
You can either be on a periodic or fixed term lease.