Checklists for SDA support people

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 prepare for the transition to the Residential Tenancies Act. It ensured the laws still 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. You must now follow the rules and duties in the Residential Tenancies Act.

To learn more about how the changes affect your resident’s organisation, visit Changes to the Residential Tenancies Act – Department of Families, Fairness and Housing website.

What providers must do

They must:

1. Give the resident one of the following agreements:

• SDA residency agreement (Word, 143KB)
• Residential rental agreement for a short-term lease (five years or less) (Word, 730KB)
• Residential rental agreement for a long-term (more than five years) (Word, 614KB).

2. Give the resident the information statement that matches the agreement:

• SDA residency agreement information statement (Word, 62KB)
• Residential rental agreement information statement (Word, 64KB)

Residents must get the agreement and information statement at least 7 days before they enter into or establish the agreement.

3. Explain the agreement and information statement to the resident in a way the resident can easily understand. This explanation can be verbal or in writing. You can also help the resident understand the information.

4. Enter into or establish the agreement with the resident at least 7 days after the provider supplied the information statement. Find more information about starting an agreement with your provider.

Things to remember

Providers must use the agreements from our website. They can't create their own agreement, but they can include additional terms. These additional terms cannot take away any of the resident's rights under the law.

Residents must get a copy of their signed agreement before they move in. If the provider does not give a resident who has signed an agreement the required information statement, the resident can end the agreement.

If the resident has an SDA residency agreement, they do not have to pay more than 30 days' rent in advance and they do not pay a bond.

Residents can pay rent using a method that doesn't have extra fees. They can also use Centrepay.

Residents can inspect a potential SDA before they move in, free of charge.