South Australia: the meaning of "Residential Tenancy Agreement" in South Australia: Schaffer v USCA

Abstract

While disputes involving State and Territory residential tenancies legislation rarely raise fundamental points, Schaffer v Usca offers a rare opportunity to consider the substantive content of a residential tenancy pursuant to the Residential Tenancies Act 1995 (SA). The case found that circumstances can arise pursuant to the Residential Tenancies Act in which non-typical payments of valuable consideration, in this case the payment of water rates, may be sufficient to establish a residential tenancy. In coming to that conclusion, Schaffer provides a useful review of the nature of a residential tenancy pursuant to State and Territory residential tenancies legislation.