Landlord vs Tenant: Who Pays for Gas Heater Service in SA?
TL;DR: In South Australia, the landlord pays for routine gas heater servicing, safety checks, compliance certificates and repairs caused by fair wear and tear. The tenant is responsible for reporting faults promptly, reasonable use, and the cost of damage they caused. If a landlord refuses to service, the tenant's first step is written request, then CBS SA conciliation, then SACAT. Renters have strong safety rights under the 2023 SA tenancy reforms — a landlord cannot force you to live with an unsafe gas appliance.
Not legal advice: This guide is written by a licensed gas fitter, not a lawyer. For specific tenancy disputes, contact Consumer and Business Services SA (CBS), the Tenants' Information and Advisory Service, or a tenancy solicitor. Links at the end.
The SA legal framework in plain English
G'day, Sidney here. This is one of the most-asked questions we get from both sides of the fence. Roughly 30% of our service work is rental properties, so we deal with the landlord/tenant friction every week. Here's what the law actually says.
The relevant law is the Residential Tenancies Act 1995 (SA). The key provisions for gas heating are:
- Section 68 — Landlord must provide and maintain the premises in a reasonable state of repair, and must comply with health and safety requirements.
- Section 69 — Tenant must not cause or permit damage, must notify the landlord of faults, and must use the premises only for residential purposes.
- Section 70 — Urgent repairs (including failure of essential services like heating in winter) must be attended to by the landlord without unreasonable delay.
The joined-up principle: if a gas heater is supplied as part of the rental, the landlord owns both the asset and the responsibility to keep it safe and working. The tenant is responsible for reasonable use and prompt fault-reporting.
Landlord obligations — what you must pay for
If you're the landlord, here's your list. Budget accordingly.
Routine servicing
Every 1–2 years. You don't have to wait for the tenant to ask. A proactive service prevents mid-winter breakdowns (and emergency repair rates). Costs $180–$350 depending on heater type. See our service frequency guide.
Emergency repairs
If the heater breaks down mid-winter, that's an urgent repair under Section 70 of the Act. You must respond without unreasonable delay. "Unreasonable delay" isn't defined in days, but tribunals have interpreted it as hours-to-single-digit-days for heating failures in cold weather, not weeks. Emergency call-outs typically $280–$450 plus parts.
Safety testing and CO checks
Any service by a licensed fitter should include combustion analysis. The result should be documented and kept with the tenancy file. This is a landlord cost, full stop. Safety is the landlord's duty — it's not a "shared" expense.
Certificates of Compliance
If any work is done that alters gas pipework (new appliance, relocation, major repair), the Certificate of Compliance is a legal document from the fitter to the landlord. It stays with the property title effectively forever. Losing it costs you when you sell.
Replacements at end of life
When the heater dies of old age, it's the landlord's replacement cost. You can choose whether to replace like-for-like, upgrade, or change technology (to electric reverse-cycle, for example). You cannot force the tenant to pay a depreciation contribution for an appliance that reached end-of-life under normal use.
Pre-tenancy safety check
Not legally mandatory in SA yet, but strongly recommended. Get a service done between tenancies — the cost is low, the risk of an incident under the new tenant is lower, and you have documented proof the appliance was safe when keys were handed over.
Providing operating instructions
Giving the tenant a copy (digital is fine) of the heater's manual or a simple summary of how to operate it. Many fault-reports come from tenants who've never been shown which buttons do what. Ten minutes of handover saves you money across a tenancy.
Tenant obligations — what you must do
If you're the tenant, here's your responsibility.
Report faults promptly and in writing
Don't ring up, get told "I'll look into it," then let it slide. Follow up in writing (email or text) so there's a paper trail. "Heater making loud bang at startup" or "heater not staying on" — document it, send it. Date it. A 2-week-old verbal conversation is very hard to prove at SACAT.
Use the appliance reasonably
Running it 24 hours a day at maximum in a leaky-draughty house is reasonable. Blocking the flue to stop cold air coming in is not. Removing the return air filter to "improve airflow" is not. Using a ducted outlet as a shoe dryer is not.
Not cause damage
Damage from misuse, neglect, or deliberate action is the tenant's cost. Examples we've seen: kids feeding toy cars down floor outlets; a curtain catching fire after being left across a wall heater; a blocked return air grille because the vacuum cleaner never came out.
Allow reasonable access for service
The landlord (or property manager) gives you proper notice — usually 7–14 days for non-urgent maintenance. You're required to allow the fitter in at the arranged time. You can't unreasonably refuse service access — that would be failing your obligation to allow the landlord to maintain the premises.
Keep the area around the heater clear
A metre of clearance around any gas heater. No stored boxes, curtains, or furniture pressed against it. Keep the return air filter clean — vacuuming it monthly is a normal tenant chore, like cleaning an air-con filter.
Who pays for what — clear table
Stick this on the fridge or email it to your tenant/landlord. Clarity up front prevents arguments later.
- Routine 1–2 yearly service: Landlord.
- Emergency repair from fair wear and tear: Landlord.
- Repair from tenant misuse or damage: Tenant.
- CO safety testing during service: Landlord (part of the service).
- Fitting a new CO alarm to a rental: Landlord (safety equipment the property lacks).
- CO alarm battery replacement on tenant-supplied unit: Tenant.
- CO alarm battery replacement on landlord-supplied sealed unit: Not applicable (sealed) — landlord replaces the whole unit at end of life.
- Certificate of Compliance after major work: Landlord.
- Regular vacuuming of return air filter: Tenant.
- Replacing a damaged filter caused by wear: Landlord (small consumable, part of normal maintenance).
- Replacement of the heater at end of life: Landlord.
- Upgrade to a different heating type (e.g. gas to reverse-cycle): Landlord — tenant can request, landlord decides.
- Higher gas bills from an inefficient unserviced heater: Tenant pays the bill, but can request the landlord service the unit to fix efficiency.
- Pre-tenancy gas compliance check: Landlord.
- Urgent call-out outside business hours: Landlord (unless caused by tenant damage).
If the landlord refuses to service the heater
Happens. Here's the escalation ladder.
Step 1: Written request
Email or text the landlord or property manager. Be specific: "I'm requesting a gas heater service. Last service I'm aware of was [date or 'unknown'], and the Act requires appliances to be maintained in a safe working order. Please arrange a service within 14 days." Keep the record.
Step 2: Follow-up
If no response in 14 days (or faster for safety issues), follow up: "Second request — no response received to my request of [date]. If no service is arranged by [date], I will contact CBS SA for assistance."
Step 3: CBS SA conciliation
Consumer and Business Services SA (part of the SA Government) handles tenancy dispute conciliation. Free service. They contact the landlord on your behalf and try to resolve it. Most issues end here. Phone 131 882 or via cbs.sa.gov.au.
Step 4: SACAT application
If conciliation fails, the South Australian Civil and Administrative Tribunal (SACAT) hears tenancy disputes. Application fee applies (small, around $80 in 2026). You can seek orders for the landlord to carry out maintenance, and in some cases compensation. sacat.sa.gov.au.
Safety emergencies are different
If you suspect the heater is leaking CO or unsafe right now, don't wait for the landlord to schedule a service. Turn the heater off. Ring 000 if anyone has symptoms. You can ring a gas fitter directly — any licensed SA gas fitter can legally isolate an unsafe appliance. See our CO safety guide. The cost of an emergency safety inspection in this scenario is typically recoverable from the landlord.
Taking it to SACAT — what to expect
If you end up at SACAT, you'll need:
- Your written request history (emails, texts, letters) — dates, exact wording, landlord's responses.
- Any quotes or reports from licensed gas fitters confirming the heater needs service or is unsafe.
- A timeline of heating failures and the impact on you (cold nights, health issues, additional heating costs).
- Your tenancy agreement.
- The application form (available on the SACAT website).
Most SACAT tenancy matters are decided within 4–8 weeks. Outcomes can include orders for the landlord to carry out repairs within a set time, compensation for loss, or rent reduction for periods the heater was non-functional. A proper written service report from a licensed fitter carries real weight in these hearings.
The 2023 SA renter safety reforms
South Australia's 2023 tenancy law reforms strengthened renter safety rights. Relevant bits for gas heating:
- Tougher rules around "reasonable" repair timelines, particularly for essential services in extreme weather.
- Clearer landlord obligations for appliance safety testing.
- Stronger protection against retaliatory evictions when a tenant has made a legitimate repair complaint.
- Streamlined SACAT processes for safety disputes.
You cannot be evicted for reasonably asking for a gas safety check. If that happens, it's retaliatory action and SACAT will view it as such. Keep all records.
Working with property managers
About 70% of our rental gas work comes through property managers rather than direct landlords. Good property managers have standing arrangements with licensed gas fitters (us or others) for prompt service. For them, servicing rental heaters is just part of the annual maintenance rhythm.
If you're a property manager reading this — we work with several Adelaide agencies (Toop+Toop, LJ Hooker, Raine & Horne and others locally) and can set up standing service arrangements for your managed portfolios. Predictable pricing, compliance records digitally filed, prompt emergency response. Ring us or email and we'll tailor something.
If you're a tenant and the property manager is the roadblock rather than the landlord — your escalation path is the same. Written request, follow-up, CBS, SACAT. Agents who refuse reasonable maintenance requests end up in the Real Estate Institute's complaints column often enough to care about good records.
FAQ
Can my landlord make me sign a lease that puts servicing on me?
A lease can't override statutory obligations. A clause making the tenant responsible for maintaining the landlord's appliances is generally unenforceable. If you're asked to sign one, raise it with CBS before signing.
What about shared houses where one tenant controls the heater?
If all tenants are named on the lease, the landlord's obligations apply to the premises as a whole. Internal disputes between tenants about who pays the gas bill or who causes damage are a separate matter between the tenants themselves.
Is the landlord required to provide heating at all?
The Act requires premises to be fit for habitation. In Adelaide's winter, a habitable home generally needs some form of heating. If a property has a gas heater that the landlord has included, they must maintain it. If a rental has no heating at all — that's a much more complicated question and depends on the property and the lease.
Can I withhold rent until the heater is fixed?
Not unilaterally. Rent withholding without going through proper channels can put you in breach of the lease. Use the formal process — CBS then SACAT — who can order rent reductions retrospectively.
Does the landlord have to replace an old heater just because it's old?
Not just because of age. But if it's old and no longer safe, no longer functional, or the cost of repair is disproportionate to replacement, the landlord's obligation to maintain the premises in a reasonable state typically means replacement. Our heater age guide covers when replacement becomes sensible. A licensed fitter's written opinion helps settle the argument.
For deeper background, Consumer and Business Services SA publishes free tenancy guides, and SACAT has an approachable self-help portal. The SA Department for Energy and Mining sets the gas safety requirements.
Need a rental-property gas heater service?
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Call 0485 676 319 See service pricing