Earlier today, Consumer and Business Services announced that South Australian renters will be protected from so-called no-cause evictions if the State Government's proposed rental reform passes Parliament.

Where did this come from?

In mid-2022, the South Australian government launched a campaign, chaired by the Minister for Consumer and Business Affairs Andrea Michaels and Commissioner Dino Soulio, to modernise our local renting laws. Designed to improve the availability and affordability of housing for South Australian renters, this campaign invited tenants, landlords, housing organisations, other interested parties, and field experts to comment on the proposed reform areas.

In addition to this, stakeholders including Shelter SA, the Real Estate Institute of South Australia (REISA), the Landlords' Association, Uniting Communities, St Vincent de Paul, SACOSS and the University of Adelaide are undertaking a substantive review of the existing Residential Tenancies Act 1995, the first of its kind since 2014.

What does this mean for landlords?

The proposed ban on no-cause evictions is one of several reforms resulting from SA's extensive rental law review. If approved, landlords would be prevented from ending tenancies or terminating fixed-term leases unless there have been breaches by the tenant. However, the proposed changes will not impact landlords planning to sell, renovate or take over the property.

In response to recent reform proposal announcements, such as this, the Real Estate Institute of South Australia (REISA) has warned that "Rolling out these reforms which will disincentivise investment in residential properties, erode a landlord’s right to manage their property, and tip the balance even further into the tenant’s corner is certainly not the answer," and has reiterated that South Australia's rental crisis is due to supply issues not addressed by the proposed reform.

What does this mean for tenants?

Better Renting deputy director Bernie Barrett has commented that the proposed changes will "provide renters with a greater sense of stability in their homes. The SA Labor government also wants to extend the notice period to end tenancies to 60 days, which advocates have argued will provide tenants with a more realistic opportunity to find new accommodation while South Australia's vacancy rate is at a record low.

Reforms to the Residential Tenancies Act are still a work in progress. Changes of this magnitude require expert scrutiny to ensure appropriate balances and compromises to protect landlords and tenants. It will take time to consider concerns and get things right, but stakeholders have expressed optimism in progressing items in some of the campaign's target areas.