The Malinauskas Government has announced a new prescribed rental application form aimed at protecting tenants’ privacy and ensuring that only relevant information is requested when applying for a property.
Minister for Consumer and Business Affairs Andrea Michaels said the move builds on reforms introduced last year, which represented the most comprehensive changes to South Australia’s rental laws in more than three decades. “South Australia has led the way on better protecting tenants while still ensuring that landlords’ rights are respected,” she said. “This new application form will ensure the personal information requested of tenants when applying for a rental property is relevant to their application and that they are not being asked needlessly for irrelevant personal information.”
The form, which aligns with National Cabinet’s Better Deal for Renters recommendations, will be available for use from 1 September, with landlords and agents required to adopt it from 1 January. It complements other reforms introduced from 1 July 2024, including limits on the number of documents that can be requested in three categories: identity, financial ability to pay rent, and suitability. Tenants may still choose to provide additional material to strengthen their applications, but landlords and agents cannot compel them to supply unnecessary details.
Stronger safeguards on data handling are also now in effect. If an application is successful, records must be destroyed three years after the tenancy ends. For unsuccessful applicants, records must be destroyed within 30 days of a property being let, or within six months if the applicant consents, allowing them to reapply more easily.
The broader reforms include clearer rules on when a tenancy can be ended, extended notice periods for fixed-term leases, restrictions on rent increases to once a year, and minimum housing standards with penalties for landlords who do not comply. Tenants have also gained greater rights to keep pets, provided reasonable conditions are met, such as carpet cleaning at the end of a lease.
Consumer and Business Services will launch an information campaign in September, supported by the Real Estate Institute of South Australia (REISA), to educate tenants, landlords and agents about the new form.
SYC’s Rent Right SA service welcomed the change. Chief Operating Officer for Community Services Kiara Kerr said: “Rent Right SA welcomes the introduction of the new rental application form in South Australia as a significant step forward in protecting renters’ privacy. This change helps ensure that only relevant personal information is requested, giving tenants greater confidence and security when applying for a home.”
REISA also expressed support, noting that the government had responded to landlords’ concerns. Chair Cain Cooke said: “REISA supports the introduction of provisions that better balance the rights of landlords and tenants. The right to terminate a periodic lease or not renew a fixed term lease because the landlord has entered into a sales agency agreement is a welcome move from the Government to enable landlords to prepare their homes for sale. We welcome the constructive dialogue that we had had and continue to have with the Government.”
The government says the new form is one of the final steps in implementing its rental reform agenda, which has sought to strengthen protections for tenants while maintaining landlords’ ability to manage their properties.
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