SA real estate inquiry opens: records property managers should check

The Legislative Council Select Committee on the Conduct of Real Estate Professionals in South Australia was appointed on 19 August 2026. Parliament's submissions notice says written submissions and expressions of interest to give oral evidence are open until Friday, 23 October 2026.

The committee is not only looking at sales conduct. Its official terms of reference include real estate agents, property managers and other real estate professionals. They also refer to misleading, deceptive or unreasonable conduct affecting renters, including rent bidding and unreasonable rental inspection reports.

The inquiry was picked up by industry media this week. Real Estate Business reported on 14 September that residents had been invited to submit accounts of issues with agents and property managers, and that REISA wanted the inquiry to separate conduct problems from wider system issues such as tribunal delay, consumer education and enforcement.

Start with the rent-advertising trail

South Australia already bans rent bidding. Consumer and Business Services says landlords and agents must advertise premises at a fixed amount and must not solicit or invite offers above the advertised rental price. It also says third-party application systems must not rate or assess prospective tenants based on higher rent offers.

For agencies, the useful record is simple: the advertised rent, where it was advertised, any listing changes, application criteria, owner instructions, the approved rent and the reason the successful applicant was recommended.

If an owner asks whether the market would pay more, keep the answer separate from the applicant ranking. A later reviewer should be able to see that the agency advertised a fixed rent and did not turn the application process into an auction.

Tighten inspection notes before they become evidence

The inquiry's terms specifically mention unreasonable rental inspection reports. That does not mean every routine inspection is under suspicion. It does mean property managers should assume inspection notes may be read later by a tenant, owner, regulator, tribunal member or parliamentary committee.

SA.GOV.AU says routine inspections can generally occur up to four times a year, after seven to 28 days written notice, and for up to two hours. It also says tenants must receive seven days written notice if photos or videos might be taken for later distribution or public publication, and written agreement is needed before publishing photos or video that capture the tenant's possessions.

Keep inspection records factual. Record the notice date, entry time, people present, rooms inspected, visible condition, maintenance raised, photos taken, and follow-up sent. Avoid loaded language about the tenant. If something needs owner attention, say what was seen and what action is proposed.

Do not bury maintenance issues in inspection reports

A routine inspection report often becomes the place where everything is dumped: cleanliness notes, owner preferences, maintenance requests, photos and tenant comments. That is where files get hard to defend.

Separate condition observations from repair handling. If the tenant reports a leak, mould, appliance fault, security issue or access problem, give it its own maintenance note with dates, photos, contractor messages and owner instructions. The inspection report can refer to the issue without becoming the only record of it.

That matters if the file later goes to SACAT or Consumer and Business Services. A clean timeline is easier to assess than a string of emails and inspection comments that have to be reconstructed months later.

Check condition reports and entry photos

HomeSeeker SA says the property condition report records the general state of repair and condition of the rental property at the start of the tenancy, including fittings and fixtures. It also says tenants have 14 days to check the details, confirm or disagree, and return the report.

Property managers should keep the signed report, tenant amendments, dated entry photos and any follow-up repairs together. If a tenant disagrees with part of the report, do not treat that as awkward admin to push aside. Store the disagreement and the agency response beside the report.

The exit file then has a clearer starting point. That helps owners, tenants and the agency talk about actual change in condition, rather than relying on memory or broad claims about how the home looked at handover.

Make owner instructions visible

Some conduct problems start with unclear owner instructions. The owner wants a rent target, the tenant wants a repair, the property manager tries to keep both moving, and the file ends up thin.

For higher-risk files, record the instruction and the boundary. Examples include advertising rent, application criteria, repair approvals, access for inspections, cleaning expectations, pet conditions, bond claims and database listing decisions. If an instruction would create compliance risk, record the advice given and the compliant option used.

This is not about writing defensive essays. It is about making the decision path readable if the file is questioned later.

Review complaints without waiting for a formal notice

The committee will consider dispute resolution and review mechanisms available to renters, buyers and vendors. For property management teams, that is a prompt to look at complaints before they harden into formal disputes.

Keep a short complaint record: what was raised, when it was acknowledged, who reviewed it, what evidence was checked, what response was sent and what action was taken. If the issue is not accepted, explain why in plain language and link the decision to the lease, notice, inspection record, invoice or legislation relied on.

Good complaints handling can still end in disagreement. The difference is that the file shows the agency looked at the issue properly instead of treating the complaint as noise.

What to do this week

South Australian agencies do not need to predict the inquiry's recommendations. The practical move is to check the records that already sit inside the terms of reference: rent advertising, application ranking, inspection notices, photo consent, condition reports, maintenance follow-up, owner instructions and complaint handling.

If your agency wants to make a submission, use the Parliament details and deadline. If you are changing procedures, check the current Residential Tenancies Act, Consumer and Business Services guidance and qualified advice before relying on a blog post.

This article is general information for rental operators, not legal advice.

Sources checked

Reviewed 2026-09-18.