The Residential Tenancies (Miscellaneous) Amendment Act 2023 (SA) and associated regulations came into force on 1 July 2024. These brought about a number of changes to the law in relation to rooming houses. For more information, please refer to Consumer and Business Services, SA Rental reform update July 2024. This section of the handbook is still being updated to reflect these changes.
The Residential Tenancies Act 1995 (SA) provides limited protection for residents (boarders and lodgers) of rooming houses [Part 7, ss 103-105W] in some circumstances.
From 1 July 2024, a rooming house is defined as a residential premises where 2 or more rooms are available for residential occupation in return for rent [Residential Tenancies Act 1995 (SA) s 3]. Previously it covered rooms available on a commercial basis for the residential occupation of at least 3 people. Part 7 Division 1A now provides for a designated rooming house as well. These are residential premises where 5 or more rooms are available for residential occupation in return for rent [s 103A].
Boarding arrangements in private homes would only be covered by the Act, therefore, if there are 2 or more rooms for boarders. There are no proposals for this Act to cover other boarders and lodgers and the only relevant law is the common law, see Boarders and lodgers.
The following pages in this chapter will cover the registration requirements for designated rooming houses, house rules, obligations of proprietors and tenants, rent increases and termination of agreements (including where someone abandons the property) as applicable to rooming houses.
Consumer and Business Services have produced the following resources for rooming house owners and residents:
Forms and fact sheets for rooming house tenancies are available from SA.GOV.AU website - Forms and fact sheets for rooming house tenancies.