SA to end no-cause evictions

The state revealed that 68 per cent of the 5,565 South Australians surveyed support ending “no-cause” or “no-grounds” evictions.

Moreover, 82 per cent said they were in favour of tenants being provided 60 days’ notice if a fixed term lease is not to be renewed, as opposed to the current 28 days’ notice period.

With public opinion backing the idea that landlords should have a reasonable set of circumstances under which they can choose not to review a fixed-term lease – but that otherwise a renewal must be issued – the government has announced its intention to push forward with legislation.

Prescribed reasons why a landlord may opt not to renew a lease under the proposed amendment include breaches by a tenant, wanting to sell, renovate or occupy the property.

As a result of the survey, the government is also moving forward with a proposal to increase the minimum notice to end a tenancy from 28 days to 60 days so tenants will have more time to secure a new home and make the necessary arrangements to move.

The state’s Minister for Consumer and Business Affairs, Andrea Michaels, cited the state’s record low vacancy rates – in some jurisdictions lower than 1 per cent – as a reason for the need for rental reform.

Ms Michaels pointed to data from Shelter SA that indicated a high number of tenancies are ending for no apparent reason – 40 per cent citing the end of a fixed lease as the reason a tenancy ended, 50 per cent for no stated reason.

The Consumer Affairs Minister raised concerns about a state of “housing insecurity” being created by the high turnover in tenancies coupled with short notice periods.

Ms Michaels said the reforms sought to “provide tenants with additional security in their rental home while still enabling landlords the opportunity to end a tenancy for valid reasons, such as breaches by the tenant or wanting to sell, renovate or move into their property”.

“It’s a balancing act and as our consultation shows, the majority of respondents believe as the current legislation stands, we haven’t quite got it right at the moment and our reforms will address that,” she added.

South Australia’s move to push forward with ending no-cause evictions follows NSW’s announcement that the state would be pushing for a similar change, pending the results of a consultation period.

Ms Michaels said the state would also be taking action to make it easier for tenants to keep pets in rental accommodation, with “reasonable conditions to be set by their landlord such as keeping the animal outside”.

NSW is pursuing this change, closely following laws that came into effect first in Victoria and later in Western Australia.

The South Australian government intends to introduce a bill with these reforms before the year is out.