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Home | Housing Services | TIAS (Tenants Information & Advocacy Service) | TIAS - Frequently Asked Questions

TIAS - Frequently Asked Questions

Q. Can TIAS provide emergency housing?

A. No. We are sorry, but TIAS does not provide emergency housing. You may be able to get help from:

  • Homelessness Gateway Services on 1800 003 308
  • Domestic Violence and Aboriginal Family Violence Gateway Service on 1800 800 098
  • Youth Gateway Service (Trace-A-Place) on 1800 807 364
  • Housing SA on 131 299

Q. I’ve received a Form 2, am I being evicted on the date stated?

A. No. A Form 2 is a warning letter, you need to rectify the breach by the date stated. 
If you do not rectify the breach by this date the landlord/agent can apply to the Residential Tenancies Tribunal for a hearing to have you evicted. 
This may result in Vacant Possession being ordered.

Q. My lease is ending. What can I do?

A. Don't leave it to the last minute. Contact the landlord/agent approximately 8 weeks prior to the end of the lease to find out if it will be re-newed.
If it is not renewed and you continue to remain in the property beyond the end of the lease you may be evicted.
For fixed term tenancies entered into on or after 1 March 2014 either the landlord or the tenant may terminate a fixed term agreement at the end of the term after giving at least 28 days' written notice.
If this notice is not given by either party, the agreement will continue as a periodic tenancy.

Q. Can my Housing Provider visit or inspect my property without prior notice?

A. No. Your Housing Provider has to give you 7 to 14 days notice of his/her intention to enter your property to inspect.

However, he/she can attend without prior notification in the case of an emergency or to make urgent major repairs.

Q. Can I withhold rent because maintenance hasn’t been completed at my property?

A. No.  Rent is a separate issue to maintenance repairs.  Contact your Housing Provider or TIAS for further information on how to have maintenance completed.

Q. What if I can’t pay my rent?

A. Firstly, try to arrange a payment plan with your Housing Provider.  If this is unsuccessful or if you are in a significant amount of arrears contact Housing SA and they may be able to provide some financial assistance if you meet the eligibility criteria.

Q. What type of lease am I on?

A. You can either be on a periodic or fixed term lease.  Please follow the link for further information 
http://www.sa.gov.au/topics/housing-property-and-land/renting-and-letting/information-for-private-rental-landlords/being-a-private-rental-landlord/starting-and-managing-lease-agreements#title1

Q. How do I get my bond back?

A. To have your bond refunded you need to come to an agreement with your Housing Provider.  If an agreement isn’t reached you can dispute the bond claim.  Further information on this process can be found at 
http://www.sa.gov.au/topics/housing-property-and-land/renting-and-letting/being-a-tenant-renting-privately/disputes-with-a-private-rental-landlord/disputing-a-private-rental-bond-claim

Q. I’m sharing with others – can I just move out?

A. No.  If you name is on the lease you need to arrange for this to be removed prior to leaving the property.  If this cannot be arranged you may be liable for any unpaid rent or damage that is caused to the property as long as your name remains on the lease.

See Fact Sheet 6 for further information

http://www.sa.gov.au/__data/assets/pdf_file/0017/23309/About_cotenancies.pdf

Q. Can I break my fixed term lease?

A. No.  A fixed term lease is binding and neither party can end the agreement unless there have been a breach of the tenancy conditions.  Further information can be found at
http://www.sa.gov.au/topics/housing-property-and-land/renting-and-letting/being-a-tenant-renting-privately/things-to-consider-when-moving-houses/leaving-a-property-before-the-lease-expires

Q. What is the difference between shared tenancy and subtenancy?

A. A shared tenancy is where two or more people are listed on the lease and share equal responsibilities for the tenancy.  A sub tenant/head tenant works differently where the sub-tenant treats the head tenant as their landlord.  This is further explained at http://www.sa.gov.au/topics/housing-property-and-land/renting-and-letting/being-a-tenant-renting-privately/lodging-boarding-and-sharing-a-private-rental-property/subletting-in-a-private-rental-property

Q. Can my rent be increased?

A. Yes, if it is written into your tenancy agreement the rent can be increased every 12 months provided you are given 60 days' notice in writing.

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