Residential Tenancies Regulation Doc 2020 Regulation 13, Schedule 3
https://engage.vic.gov.au/rentingregulations
Schedule 3—Safety-related activities
Regulation 13
1 Electrical safety activities
(1) The residential rental provider must ensure that an electrical safety check of all electrical installations, fittings and appliances provided by a residential rental provider in the rented premises is conducted every 2 years by a licensed or registered electrician and must provide the renter with the date of the most recent safety check on request by the renter.
(2) If an electrical safety check of the rented premises has not been conducted within the last 2 years at the time the renter occupies the premises, the residential rental provider must arrange an electrical safety check as soon as practicable.
2 Gas safety activities
(1) The safety-related activities in subclauses (2) and (3) only apply if the rented premises contain any appliances, fixtures or fittings which use or supply gas.
(2) If the rented premises contains any gas installations or connections, the residential rental provider must ensure that a gas safety check of all gas installations and fittings in the rented premises is conducted every 2 years by a licensed or registered gasfitter and must provide the renter with the date of the most recent safety check on request by the renter.
(3) If the rented premises contains any gas installations or connections, and a gas safety check has not been conducted within the last 2 years at the time the renter occupies the premises, the residential rental provider must arrange a gas safety check as soon as practicable.
3 Smoke alarm safety activities
(1) The residential rental provider must ensure that—
(a) each smoke alarm is correctly installed and in working condition; and
(b) each smoke alarm is tested according to the manufacturer’s instructions at least once every 12 months; and
(c) the batteries in each smoke alarm are replaced as required.
(2) The residential rental provider must immediately arrange for a smoke alarm to be repaired or replaced as an urgent repair if they are notified by the renter that it is not in working order.
(3) The residential rental provider, on or before the occupation day, must provide the renter with the following information in writing—
(a) information about how each smoke alarm in the rented premises works;
(b) information about how to test each smoke alarm in the rented premises;
(c) information about the renter’s obligations to not tamper with any smoke alarms and to report if a smoke alarm in the rented premises is not in working order.
(4) The renter must give written notice to the residential rental provider as soon as practicable after becoming aware that a smoke alarm in the rented premises is not in working order.
Note:
Regulations made under the Building Act 1993 require smoke alarms to be installed in all residential buildings.
4 Carbon monoxide alarm safety activities
(1) The safety-related activities in subclauses (2), (3), (4), and (5) only apply if the rented premises contains any appliances, fixtures or fittings which use or supply gas.
(2) If the rented premises contains carbon monoxide alarms, the residential rental provider must ensure that—
(a) each carbon monoxide alarm is correctly installed and in working condition; and
(b) each carbon monoxide alarm is tested according to the manufacturer’s instructions at least once every 2 years; and
(c) the batteries in each carbon monoxide alarm are replaced as required.
(3) The residential rental provider must immediately arrange for a carbon monoxide alarm to be repaired or replaced as an urgent repair if they are notified by the renter that it is not in working order.
(4) The residential rental provider, on or before the occupation day, must provide the renter with the following information in writing—
(i) information about how each carbon monoxide alarm in the rented premises works;
(ii) information about how to test each carbon monoxide alarm in the rented premises; and
(iii) information about the renter’s obligations to not tamper with any carbon monoxide alarms and to report if a carbon monoxide alarm in the rented premises is not in working order.
(5) The renter must give written notice to the residential rental provider as soon as practicable after becoming aware that a carbon monoxide alarm in the rented premises is not in working order.
5 Pool fence safety activities
(1) The safety-related activities in subclauses (2), (3) and (4) only apply if the rented premises contains a pool.
(2) The residential rental provider must ensure that the pool fence is maintained in good repair.
(3) The renter must give written notice to the residential rental provider as soon as practicable after becoming aware that the pool fence is not in working order.
(4) The rental provider must immediately arrange for a pool fence to be repaired or replaced as an urgent repair if they are notified by the renter that it is not in working order.
6 Relocatable pool safety activities
(1) This safety-related activity only applies if a relocatable pool is erected on the rented premises.
(2) A renter must not erect a relocatable pool on the rented premises for more than one day, unless the renter has given prior written notice to the residential rental provider.
Note:
Regulations made under Building Act 1993 apply to any person erecting a relocatable pool.
7 Bushfire-prone area activities
(1) This safety-related activity only applies if the rented premises is in a bushfire prone area and is required to have a water tank for bushfire safety.
(2) If the rented premises is in a designated bushfire-prone area under section 192A of the Building Act 1993 and a water tank is required for firefighting purposes the residential rental provider must ensure the water tank and any connected infrastructure is maintained in good repair and cleaned as required.
Reform 51.
If a residential rental agreement includes a prescribed term setting out safety-related activities (such as testing smoke alarms) that must be completed during the tenancy, the RRP and renter will be required to undertake their respective safety-related activities and, where relevant, ensure the activity is carried out by a suitably qualified person.
Reform 52.
RRPs will be required to comply with prescribed requirements recording and producing gas and electrical safety checks conducted at the property.
https://engage.vic.gov.au/fairersaferhousing
Consumer Affairs.
Rental providers must comply with prescribed requirements for keeping and producing records of gas and electrical safety checks conducted at the property.
Sample Residential rental agreement provided by Consumer Affairs.
Residential Tenancies Act 1997 Section 26(1)
Residential Tenancies Regulations 2019 Regulation 10(1) – Schedule 1 Form 1
15 Gas safety activities
This safety-related activity only applies if the rented premises contains any appliances, fixtures or fittings which use or supply gas.
(a) The rental provider must ensure that a gas safety check of all gas installations and fittings in the rented premises is conducted every two years by a licensed or registered gasfitter and must provide the renter with the date of the most recent safety check on request by the renter.
(b) If a gas safety check has not been conducted within the last two years at the time the renter occupies the premises, the rental provider must arrange a gas safety check as soon as practicable.
17 Carbon monoxide alarm safety activities
This safety-related activity only applies if the rented premises contains any appliances, fixtures or fittings which use or supply gas.
(a) The rental provider must ensure that:
i. any carbon monoxide alarm is correctly installed and in working condition
ii. any carbon monoxide alarm is tested according to the manufacturer’s instructions at least once every two years, and
iii. the batteries in each carbon monoxide alarm are replaced as required.
(b) The rental provider must immediately arrange for a carbon monoxide alarm to be repaired or replaced as an urgent repair if they are notified by the renter that it is not in working order.
(c) The rental provider, on or before the occupation day, must provide the renter with the following information in writing:
i. information about how each carbon monoxide alarm in the rented premises works
ii. information about how to test each carbon monoxide alarm in the rented premises, and
iii. information about the renter’s obligations to not tamper with any carbon monoxide alarms and to report if a carbon monoxide alarm in the rented premises is not in working order.
(d) The renter must give written notice to the rental provider as soon as practicable after becoming aware that a carbon monoxide alarm in the rented premises is not in working order.
Residential Tenancies Amendment Act 2018
56 New sections 68A and 68B inserted
After section 68 of the Principal Act insert—
“68A Residential rental provider’s duty to
comply with safety-related repairs and
maintenance requirements
(1) Subject to subsection (2), a residential rental
provider must undertake any safety-related
repairs and maintenance activities set out in
the residential rental agreement if that
agreement contains a term prescribed under
section 27C(2).
(2) Any maintenance or repairs required to be
completed by a residential rental provider
under subsection (1) must be carried out by
a suitably qualified person.
Note
This section is a duty provision and a contravention of this
section may be dealt with as a breach of a duty under Part 5
and other provisions of this Act.
Reference: Residential Tenancies Amendment Act 2018
68B Residential rental provider must keep and
produce records of gas and electrical
safety checks
A residential rental provider must comply
with any prescribed requirements for the
keeping and production of records of gas
and electrical safety checks conducted at the
rented premises.
Note
This section is a duty provision and a contravention of this
section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.”.
Reference: Residential Tenancies Amendment Act 2018
Energy Safe Victoria Gas Heating Checks
The landlord or agent is responsible for servicing all gas heaters at least once every two years.
If you do not meet these obligations, you may be responsible for causing property damage or serious harm to someone, such as injury or death. Serious penalties also apply.
Have your gas heater/s serviced by a qualified gas fitter at least every two years.
Reform 51.
If a residential rental agreement includes a prescribed term setting out safety-related activities (such as testing smoke alarms) that must be completed during the tenancy, the RRP and renter will be required to undertake their respective safety-related activities and, where relevant, ensure the activity is carried out by a suitably qualified person.
Reform 52.
RRPs will be required to comply with prescribed requirements recording and producing gas and electrical safety checks conducted at the property.
Sample Residential rental agreement provided by Consumer Affairs.
Residential Tenancies Act 1997 Section 26(1)
Residential Tenancies Regulations 2019 Regulation 10(1) – Schedule 1 Form 1
14 Electrical safety activities
(a) The rental provider must ensure an electrical safety check of all electrical installations, fittings and appliances provided by a rental provider in the rented premises is conducted every two years by a licensed or registered electrician and must provide the renter with the date of the most recent safety check on request by the renter.
(b) If an electrical safety check of the rented premises has not been conducted within the last two years at the time the renter occupies the premises, the rental provider must arrange an electrical safety check as soon as practicable.
https://engage.vic.gov.au/rentingregulations
Residential Tenancies Amendment Act 2018
56 New sections 68A and 68B inserted
After section 68 of the Principal Act insert—
“68A Residential rental provider’s duty to
comply with safety-related repairs and
maintenance requirements
(1) Subject to subsection (2), a residential rental
provider must undertake any safety-related
repairs and maintenance activities set out in
the residential rental agreement if that
agreement contains a term prescribed under
section 27C(2).
(2) Any maintenance or repairs required to be
completed by a residential rental provider
under subsection (1) must be carried out by
a suitably qualified person.
Note
This section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
Reference: Residential Tenancies Amendment Act 2018
Residential Tenancies Amendment Act 2018
68B Residential rental provider must keep and
produce records of gas and electrical
safety checks
A residential rental provider must comply
with any prescribed requirements for the
keeping and production of records of gas
and electrical safety checks conducted at the
rented premises.
Note
This section is a duty provision and a contravention of this
section may be dealt with as a breach of a duty under Part 5
and other provisions of this Act.”.
Reference: Residential Tenancies Amendment Act 2018
Residential Tenancies Amendment Act 2018
27C Prescribed terms—professional cleaning,
maintenance and related obligations
(1) A residential rental agreement in the
standard form may include—
(a) a
prescribed term providing for all or
part of the rented premises to be
professionally cleaned if, during the
term of the residential rental agreement,
professional cleaning becomes required
to restore the premises to the condition
they were in immediately before the
start of the tenancy, taking into account
fair wear and tear; and
(b) a
prescribed term providing for the
renter to pay the cost of having
all or part of the rented premises
professionally cleaned if, during the
term of the residential rental agreement,
professional cleaning becomes required
to restore the premises to the condition
they were in immediately before the
start of the tenancy, taking into account
fair wear and tear.
(2) A residential rental agreement in the
standard form may include a prescribed
term that sets out safety-related activities
to be completed by the residential rental
provider and the renter during the term of
the agreement.
Note
Section 63A provides for the safety-related duties of
a renter.”.
Residential Tenancies Amendment Act 2018
63A Renter’s
safety-related duties
(1) A renter must not remove,
deactivate or
otherwise interfere with the operation of a
prescribed safety device at rented premises
unless it is reasonable in the circumstances to
do so.
(2) Subject to subsection (3), a renter must
undertake any safety-related activities set
out in the residential rental agreement if that
agreement contains a term prescribed under
section
27C(2).
(3) Any activity referred to in subsection (2)
must be carried out by a suitably qualified
person.
Note
This section is a duty provision and a contravention of this
section may be dealt with as a breach of a duty under Part 5
and other provisions of this Act.”.
Landlords and tenancy
Landlords and property managers have legislated electrical safety responsibilities.
The Residential Tenancies Act 1997 requires landlords to ensure rented accommodation is maintained in good repair. This includes ensuring the safe working and proper maintenance of all electrical appliances provided by the landlord.
Electrical safety
There are two critical areas relating to electrical safety:
– Proper installation of new or replacement electricity appliances, and
– Correct maintenance and use of existing appliances by following manufacturers’ instructions.
Failure to meet these requirements can cause death or serious injury as well as serious property damage.
Landlords’ responsibilities
– Ensure only licensed electrical professionals perform all electrical work
– Before re-letting, ensure all appliances are safe and any unsafe appliance is repaired or disposed of
– Ensure electrical appliances are cleaned regularly in accordance with manufacturers’ instructions – particular attention should be paid to dust build-up on cooling fan inlets and all parts of heaters
– Check electrical appliances for damage to plugs, leads and casings that may expose live parts or cause a fire
– Ensure electrical wiring, socket outlets and switches are maintained in a safe condition,
– Ensure all ventilation openings are clear and unobstructed
– Record all safety checks and details of work carried out on a licensed electrical installation.
https://esv.vic.gov.au/safety-education/heating-your-home-with-gas/landlord-and-tenancy/
Electricity Safety Act 1998
No. 25 of 1998
18
7 Functions of Energy Safe Victoria
The functions of Energy Safe Victoria under this
Act are—
(a) to determine minimum safety standards for
electrical equipment, electrical installations
and electrical work;
(b) to encourage and monitor the use of
electricity safety management schemes;
(c) to inspect and test electrical equipment,
electrical installations and electrical work for
compliance with the specified safety
standards;
(d) to administer the prescribed minimum
standards for energy efficiency of electrical
equipment;
Reform 51.
If a residential rental agreement includes a prescribed term setting out safety-related activities (such as testing smoke alarms) that must be completed during the tenancy, the RRP and renter will be required to undertake their respective safety-related activities and, where relevant, ensure the activity is carried out by a suitably qualified person.
Reform 52.
RRPs will be required to comply with prescribed requirements recording and producing gas and electrical safety checks conducted at the property.
https://engage.vic.gov.au/fairersaferhousing
Reform 53. Renters and rooming house residents will be required to not remove, deactivate or interfere with the operation of a prescribed safety device, unless it is reasonable in the circumstances to do so (for example, if the reason for removal was to repair or replace it). Examples of prescribed safety devices could include smoke alarms and pool fences.
Sample Residential rental agreement provided by Consumer Affairs.
Residential Tenancies Act 1997 Section 26(1)
Residential Tenancies Regulations 2019 Regulation 10(1) – Schedule 1 Form 1
Part C – Safety related activities
16 Smoke alarm safety activities
(a) The rental provider must ensure that:
i. any smoke alarm is correctly installed and in working condition
ii. any smoke alarm is tested according to the manufacturer’s instructions at least once every 12 months, and
iii. the batteries in each smoke alarm are replaced as required.
(b) The rental provider must immediately arrange for a smoke alarm to be repaired or replaced as an urgent repair if they are notified by the renter that it is not in working order.
(c) The rental provider, on or before the occupation date, must provide the renter with the following information in writing:
i. information about how each smoke alarm in the rented premises works
ii. information about how to test each smoke alarm in the rented premises, and
iii. information about the renter’s obligations to not tamper with any smoke alarms and to report if a smoke alarm in the rented premises is not in working order.
(d) The renter must give written notice to the rental provider as soon as practicable after becoming aware that a smoke alarm in the rented premises is not in working order.
Note: Regulations made under the Building Act 1993 require smoke alarms to be installed in all residential buildings.
Residential Tenancy Act 1997
As smoke alarms are a fixture in the property it is the landlord’s responsibility to ensure they are maintained in good repair and are included in ongoing maintenance as cited in the RTA (see below).
The landlord is not only responsible for the installation of a smoke alarm but also its ongoing maintenance as per section 68(1) of the RTA Landlord’s duty to maintain premises:
“A landlord must ensure that the rented premises including fixtures and fittings provided by the landlord at the rented premises are maintained in good repair.”
Residential Tenancy Act 1997 (RTA)
http://www.legislation.vic.gov.au/
56 New sections 68A and 68B inserted
After section 68 of the Principal Act insert—
“68A Residential rental provider’s duty to
comply with safety-related repairs and
maintenance requirements
(1) Subject to subsection (2), a residential rental
provider must undertake any safety-related
repairs and maintenance activities set out in
the residential rental agreement if that
agreement contains a term prescribed under
section 27C(2).
(2) Any maintenance or repairs required to be
completed by a residential rental provider
under subsection (1) must be carried out by
a suitably qualified person.
Note
This section is a duty provision and a contravention of this
section may be dealt with as a breach of a duty under Part 5
and other provisions of this Act.
Reference: Residential Tenancies Amendment Act 2018
Tenants may be serviced notice to vacate if they have tampered with a smoke alarm.
91ZI Damage
(1) A residential rental provider may give a
renter a notice to vacate rented premises if
the renter or the renter’s visitor, whether by
act or omission intentionally or recklessly
causes serious damage to the premises,
including any safety equipment, or to any
common areas.
Example
Safety equipment such as smoke alarms.
(2) The notice may specify a termination date
that is the date on which the notice is given
or a later date.
Reference: Residential Tenancies Amendment Act 2018
Safety-related activities to be completed by the residential rental provider
27C Prescribed terms—professional cleaning,
maintenance and related obligations
(1) A residential rental agreement in the
standard form may include—
(2) A residential rental agreement in the
standard form may include a prescribed
term that sets out safety-related activities
to be completed by the residential rental
provider and the renter during the term of the agreement.
Note
Section 63A provides for the safety-related duties of
a renter.”.
Residential Tenancies Amendment Act 2018
63A Renter’s safety-related duties
(1) A renter must not remove, deactivate or
otherwise interfere with the operation of a
prescribed safety device at rented premises
unless it is reasonable in the circumstances to
do so.
(2) Subject to subsection (3), a renter must
undertake any safety-related activities set
out in the residential rental agreement if that
agreement contains a term prescribed under
section 27C(2).
(3) Any activity referred to in subsection (2)
must be carried out by a suitably qualified
person.
Note
This section is a duty provision and a contravention of this
section may be dealt with as a breach of a duty under Part 5
and other provisions of this Act.”
(4) In section 3(1) of the Principal Act, in the
definition of urgent repairs—
…
(c) after paragraph (i) insert—
“(ia) a failure or breakdown of any cooling
appliance or cooling service provided
by a residential rental provider,
rooming house operator, caravan park
owner or caravan owner; or
(ib) a failure to comply with any rental
minimum standards; or
(ic) a failure or breakdown of any
safety-related devices, including
a smoke alarm or pool fence; or”;
Reference: Residential Tenancies Amendment Act 2018
‘If you are renting a house or unit, it is the landlord’s responsibility to ensure smoke alarms are installed and kept in working condition.’
https://www.vba.vic.gov.au/consumers/safety-guides/smoke-alarms
Only working smoke alarms save lives (VBA)
If you are renting a house or unit, it is the landlord’s
responsibility to ensure smoke alarms are installed and kept in working
condition.
A fine can be imposed on an owner who fails to comply with
the smoke alarm requirements of the Building Regulations 2018.
https://www.vba.vic.gov.au/consumers/safety-guides/smoke-alarms
Reform 51. If a residential rental agreement includes a prescribed term setting out safety-related activities (such as testing smoke alarms) that must be completed during the tenancy, the RRP and renter will be required to undertake their respective safety-related activities and, where relevant, ensure the activity is carried out by a suitably qualified person.
https://engage.vic.gov.au/fairersaferhousing
Reform 53. Renters and rooming house residents will be required to not remove, deactivate or interfere with the operation of a prescribed safety device, unless it is reasonable in the circumstances to do so (for example, if the reason for removal was to repair or replace it). Examples of prescribed safety devices could include smoke alarms and pool fences.
Sample Residential rental agreement provided by Consumer Affairs.
Residential Tenancies Act 1997 Section 26(1)
Residential Tenancies Regulations 2019 Regulation 10(1) – Schedule 1 Form 1
18 Pool fence safety activities
This safety-related activity only applies if the rented premises contains a pool.
(a) The rental provider must ensure that the pool fence is maintained in good repair.
(b) The renter must give written notice to the rental provider as soon as practicable after becoming aware that the pool fence is not in working order.
(c) The rental provider must immediately arrange for the pool fence to be repaired or replaced as an urgent repair if they are notified by the renter that it is not in working order.
19 Relocatable pool safety activities
This safety-related activity only applies if a relocatable pool is erected on the rented premises.
A renter must not erect a relocatable pool on the rented premises for more than one day, unless the renter has given prior written notice to the rental provider.
Note: Regulations made under the Building Act 1993 apply to any person erecting a relocatable pool.
Residential Tenancies Amendment Act 2018
56 New sections 68A and 68B inserted
After section 68 of the Principal Act insert—
“68A Residential rental provider’s duty to
comply with safety-related repairs and
maintenance requirements
(1) Subject to subsection (2), a residential rental
provider must undertake any safety-related
repairs and maintenance activities set out in
the residential rental agreement if that
agreement contains a term prescribed under
section 27C(2).
(2) Any maintenance or repairs required to be
completed by a residential rental provider
under subsection (1) must be carried out by
a suitably qualified person.
Note
This section is a duty provision and a contravention of this
section may be dealt with as a breach of a duty under Part 5
and other provisions of this Act.
Reference: Residential Tenancies Amendment Act 2018
Tenants may be serviced notice to vacate if they have tampered with safety equipment.
91ZI Damage
(1) A residential rental provider may give a
renter a notice to vacate rented premises if
the renter or the renter’s visitor, whether by
act or omission intentionally or recklessly
causes serious damage to the premises,
including any safety equipment, or to any
common areas.
Example
Safety equipment such as smoke alarms.
(2) The notice may specify a termination date
that is the date on which the notice is given
or a later date.
Reference: Residential Tenancies Amendment Act 2018
27C Prescribed terms—professional cleaning, maintenance and related obligations
(1) A residential rental agreement in the
standard form may include—
(2) A residential rental agreement in the
standard form may include a prescribed
term that sets out safety-related activities
to be completed by the residential rental
provider and the renter during the term of
the agreement.
Note
Section 63A provides for the safety-related duties of
a renter.”.
63A Renter’s safety-related duties
(1) A renter must not remove, deactivate or
otherwise interfere with the operation of a
prescribed safety device at rented premises
unless it is reasonable in the circumstances to
do so.
(2) Subject to subsection (3), a renter must
undertake any safety-related activities set
out in the residential rental agreement if that
agreement contains a term prescribed under
section 27C(2).
(3) Any activity referred to in subsection (2)
must be carried out by a suitably qualified
person.
Note
This section is a duty provision and a contravention of this
section may be dealt with as a breach of a duty under Part 5
and other provisions of this Act.”.
Reference: Residential Tenancies Amendment Act 2018
