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Housing, property and land

Private rental properties of a poor or unsafe standard

On this page:

What the Housing Improvement Branch does
Before contacting the Housing Improvement Branch
Housing improvement classifications
Rent control classifications
Disputing a housing improvement classification
Buying a sub-standard property

What the Housing Improvement Branch does

If you rent from a private landlord and the property is in very poor condition, it may fail to meet minimum standards. If repairs are not done within a reasonable time frame, a limit could be placed on the amount of rent that can be charged.

The Housing Improvement Branch regulates the standard of private rental properties throughout South Australia.

Their services are available to all private renters.

Public housing tenants concerned about a property’s condition should contact Housing SA Maintenance.

Community housing tenants concerned about a property’s condition should contact their community housing organisation. If you are still dissatisfied, contact the Housing Improvement Branch.

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Before contacting the Housing Improvement Branch

Before contacting the Housing Improvement Branch:

Step 1: Contact the landlord and ask for repairs to be done.

Step 2: If the landlord doesn't make the necessary repairs, contact Consumer and Business Services (CBS) to discuss your options.

Step 3: If there are serious and numerous maintenance problems which still haven’t been repaired – eg no running water, then contact the Housing Improvement Branch.

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Housing improvement classifications

A housing improvement classification legally declares a property to be sub-standard and details the repairs that needs to be carried out. The classification can only be lifted when the repairs are complete.

Information about the Housing Improvement classification is added to the Register of Administrative Interests at the Land Titles Office. If no dispute is lodged, this information will be published in the Government Gazette.

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Rent control classifications

A rent control classification sets the maximum amount of rent a landlord can charge for a sub-standard property and is imposed if the property doesn’t meet the condition requirements four weeks after a housing improvement classification has been made.

These rent amounts are based on the property’s condition, location and amenity.

If a landlord charges more than the amount set in a rent control classification they are breaching the Housing Improvement Act 1940 which can result in legal action.

Rent control classifications are reviewed:

every year, or
if Housing Improvement Branch is advised of changes in property condition, or
if market rents for the area change.

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Disputing a housing improvement classification

Landlords can lodge an appeal with the Administrative and Disciplinary Division of the local District Court within four weeks from the date the property was declared sub-standard.

Find your local District Court by phoning 8204 0289 or emailing district.civil@courts.sa.gov.au.

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Buying a sub-standard property

The selling agent must provide information about any housing improvement or rent control classifications to prospective purchasers free of charge.

Information on a sub-standard property can be obtained directly from the Housing Improvement Branch for a small cost by making a section 60 enquiry.

Information provided through a section 60 enquiry includes:

the sub-standard classification
any notice of intention to declare the property as sub-standard
any active rent controls.

Any interested person can make a section 60 enquiry by contacting the Housing Improvement Branch. An administration fee will be payable.

This information is also provided when purchasing a detailed property interest report through PropertyAssist.

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