New bill’s bid to keep renters warm in winter
South Australian renters could win greater protection over shivering through chilly winters or sweltering through hot summers if a new bill wins support in parliament today.
Greens legislative councillor Robert Simms is bringing back the Residential Tenancies (Minimum Standards) Amendment Bill 2024 to the Upper House for a vote this afternoon, requiring landlords to maintain working air conditioners and heaters in rental properties.
Simms’ bill was first introduced to parliament on August 28, 2024, before being referred to a select committee, which has recommended that the bill is not an appropriate measure and should not proceed further.
Simms criticised the recommendation that the bill not progress, saying that it “is simply not supported by the evidence”.
The bill comes as the State Government announced it would adopt changes to South Australia’s planning laws, allowing developers the option to create shared facilities such as common kitchens or bathrooms.
Meanwhile, the Liberals announced their own policy commitment ahead of next March’s State Election to commit $40 million via a Build Better Fund that would provide low-interest finance and grants for builders that invest in emerging technology.
“I think many people will read this report and be baffled by the outcome. Despite the overwhelming support for the bill from stakeholders, the Labor and Liberal parties haven’t come on board,” Simms said.
“It’s a sad reminder of the gravity of the housing crisis we face that we have a government that is seriously talking about removing the requirement for private bathrooms and kitchens in new developments, and even the basics like fly-screens and draught-proofing rentals are considered a bridge too far.
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“The bill was a modest proposal that would have delivered tangible outcomes for renters. I will keep pushing for action on this.”
At the time of introducing the bill, Simms said it “would ensure that any new residential tenancy agreement would comply with the standards for heating, cooling, roof insulation, ventilation and energy-efficient appliances”.
“The landlord would be required to disclose to the tenant the standard of the property in relation to those standards to ensure tenants know what they are getting into when they enter into an agreement,” he said.
“A penalty would apply for noncompliance with the standards and for failing to disclose.”
The committee received 12 submissions in total – 11 supporting it and one against it from Consumer and Business Services.
The Report of the Select Committee on the Residential Tenancies (Minimum Standards) Amendment Bill noted that among the submissions, “there was broad support for the bill and the concept of minimum energy efficiency standards for rentals”, but Simms said it is unlikely the bill would win widespread support in parliament this afternoon.
In their submission to the committee, the South Australian Council of Social Services (SACOSS) said that “the proposed legislation represents the necessary structural intervention required to correct the systemic failure of the renal market”.
“By establishing clear and enforceable minimum standards, it addresses the entrenched inequalities that leave renters disproportionately exposed to energy hardship, poor health outcomes, and declining housing equality,” SACOSS said.
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Child and Family Focus SA said in their submission that “[b]y mandating minimum standards for energy-efficient heating, cooling, insulation, draught proofing, and ventilation, the bill ensures rental properties provide safe, comfortable, and affordable homes”.
“For families fleeing domestic violence, secure and well-maintained housing is critical to building stability, reducing risk of homelessness, and preventing child welfare interventions,” the submission noted.
InDaily understands Labor would not support the bill, but Consumer and Business Affairs Minister Andrea Michaels said the government “continue to support South Australian tenants alongside getting more South Australians into their homes”, with new reforms coming into effect on July 1 last year.
“The Malinauskas Government made the most significant reforms to South Australia’s rental laws in a generation, which included tightening minimum standards for rental properties,” she said.
In the Upper House, Shadow Housing Minister Michelle Lensink said the Liberals do not support the bill, arguing that “it would create a two-tier system where rentals would need to have higher standards of efficiency than other housing stock”.
“We are focused on helping young South Australians get out of the rental cycle and into homes, with policies like scrapping stamp duty on existing homes up to $1 million for first home buyers,” she said.
Independent MLC Tammy Franks said she would review the contents of the committee report prior to making a decision on her voting intention.
SA-Best’s Connie Bonaros supported the bill being referred to a committee for an inquiry.
“I now look forward to considering the findings and recommendations of that inquiry,” she said.
While Better Community MLC Jing Lee said she would not be supporting the bill based on the committee’s recommendations.
Fair Go For Australians’ Sarah Game said she has not yet finalised her position on the bill.
