Letting a holiday home

South Australia’s Residential Tenancies Act 1995 does not apply to an agreement “genuinely entered into” to give someone the right to occupy premises for a holiday. Separately, the state government has said it will introduce a register of short-term rental properties, and Consumer and Business Services (CBS) opened consultation on it on 17 September 2026.

What the tenancy law leaves out

Section 5 of the Act lists the agreements it does not cover. A few of them sit close to a holiday house.

A holiday

An agreement genuinely made so a person can occupy premises for a holiday.

No rent

A right to live somewhere for which no rent is paid. The Act’s own example is families swapping houses for an agreed time.

Hotels, motels and boarders

A right to stay in a hotel or motel, and an agreement under which a person boards or lodges with another, unless it is a rooming house agreement.

If the house is let as somebody’s home instead, the Act’s rules apply, and SA.GOV.AU sets out what they mean for a landlord. Applications must use Form A1, stating the weekly rent and any bond; a landlord cannot invite rent bidding; and if the property is to be sold within three months of a new tenancy, advertising must say so and every prospective tenant must be told. CBS points landlords to those pages for renting privately in South Australia. Its announcement of the register also lists the state’s recent rental reforms, among them a ban on rent bidding, 60 days’ notice instead of 28 to end a tenancy, rent rises limited to once a year, pets allowed in rental homes and minimum housing standards.

The short stay register, as at October 2026

The government links the register to concern that houses are moving out of long-term renting into tourist accommodation. CBS says it has also had complaints from people and councils about noise, unauthorised parties and alleged crime linked to short stays. How it got here:

• August 2023

  National Cabinet sets out A Better Deal for Renters, to bring renters’ rights across Australia into line.

• 2025

  A parliamentary Select Committee inquires into the short stay accommodation sector, notes there is no reliable central record of how many short stay properties are active, and recommends a register. It also hears that short stays support the state’s tourism and event capacity, alongside concerns about how few rentals are vacant.

• 17 Sep 2026

  Consultation opens, including with booking platforms, on the register’s scope and on further reforms such as a Code of Conduct.

• 30 Oct 2026

  Consultation closes at 5 pm. Feedback goes in through a survey on YourSAy or a written submission. CBS asks about whether the register should be public, which properties it should cover, who should oversee it, whether a Code of Conduct should apply to all properties alike, and what transition is needed. Submissions may be published; a submitter who wants confidentiality is asked to say so and give reasons.

• Next

  CBS compiles the feedback for the government’s decisions on the register’s criteria and operation, any Code of Conduct and related reforms.

What the discussion paper proposes

The CBS discussion paper puts forward a model and asks twelve questions about it. Nothing below is law yet, and the paper says the details may change after consultation.

• Every short stay property in South Australia would be registered, and booking platforms would have to confirm a property is registered before it is advertised.
• Registration would record the host’s name and address, the owner’s contact details, the property’s address and type, whether stays are hosted or not, and minimum housing standards where they apply.
• Councils could oversee registration and renewal on a central register, with short stays added as a land use category of their own. Councils could then apply their own land use codes and set rates and charges for these properties.
• There would be an application and registration fee, then an annual return and fee each year, set and collected by councils within a range the Minister decides.
• Some details would appear on a public CBS register, meant for checking a property, not for advertising it.
• A Code of Conduct could set standards for owners and guests on matters such as noise, cleanliness and use of the property.
• A transition of 6 to 12 months would follow the start of the register. Penalties would apply to hosts and owners who offer a dwelling without registering it, with CBS taking an education-first approach during the transition.

The paper notes that New South Wales and Western Australia already run mandatory statewide registers for short-term rental accommodation, while Victoria has no register but has charged a 7.5% short stay levy since 1 January 2025.

The rest of the house

Guests change some of what the house asks of its owner. SA Health expects routine testing of rainwater used for a commercial purpose; Rainwater and water supply explains what it says and who to ask. A house on an aerobic wastewater system already has a three-monthly service with reports to the council, which Septic systems and the CWMS covers.