Obligations of SDA providers - what you need to do

The information on this page applies to SDA providers. If you are an SDA resident, go to What you and your provider need to do.

The Residential Tenancies Act regulates SDA

In 2019, the laws regulating SDA changed from the Disability Act 2006 to the Residential Tenancies Act 1997. However, the Disability Act still covered some SDA homes and residences.

This was a short-term arrangement to allow some providers and residents to get ready to transition to the Residential Tenancies Act. It protected residents' rights during the change-over.

The transition from the Disability Act to the Residential Tenancies Act is now complete. From 1 July 2024 the Residential Tenancies Act regulates all SDA agreements.

If your SDA is transitioning from the Disability Act to the Residential Tenancies Act, you must now follow the Residential Tenancies Act’s rules and duties.

You and your resident must:

enter into or establish a SDA residency agreement (Word, 143KB), or
enter into a:
- Residential tenancy agreement for a short-term lease (5 years or less) (Word, 1.5MB)
- Residential tenancy agreement for a long-term lease (5 or more years) (Word, 633KB).

You must also give your resident the matching information statement at least 7 days before forming an agreement:

If you don't give a resident the required information statement, they may be able to end the agreement.

Find more information about how these changes affect you at Changes to the Residential Tenancies Act – Department of Families, Fairness and Housing website.

Explain certain information

You must explain the following to the resident in a way they can easily understand. This communication can be verbal or in writing:

the relevant information statement
any notice you give the resident. Go to these notices:
- Notices during an SDA residency
- Notices to end an SDA residency
any order or direction from VCAT - if the resident is not represented.

Easy Read versions

You can also give the resident Easy Read versions of the agreements and information statements to help you explain them to the resident.

To download the Easy Read versions, go to Resources for SDA providers.

Appointing a support person

You must ask someone to support the resident if:

the resident does not have a support person, and
their disability prevents them from understanding the agreement, information statement or their rights and responsibilities.

This support person cannot work for you or be connected to your organisation.

For example, you could ask a daily independent living support provider to help the resident. For more information, visit NDIS.

You can also appoint an agent to help you explain the agreement and information statement.

Notifying us of SDA residency agreements and other notices

You must notify us when you:

enter into or establish an SDA residency agreement. You do not need to notify us if you and the resident sign a residential rental agreement
give your resident certain notices.

For more information, go to Notifying us of SDA agreements and notices.

Your obligations under rental laws

You are responsible for:

setting and collecting rent
fixing and maintaining the SDA
telling residents about changes to the residency agreement
addressing complaints about the SDA.

Registration

Registering as an SDA provider

Anyone who owns or manages an SDA can register with the NDIS to be an SDA provider. This includes:

private rental provider (landlords)
people with disability
family members of people with disability
organisations (not-for-profit or for-profit).

Registering SDA dwellings

You can enrol your SDA with the NDIS. The SDA must meet NDIS requirements, which include strict rules about the construction date and design of the property. For more information, visit NDIS.