Under the new rental laws, residential rental providers (landlords) must ensure that their rental property meets certain minimum standards. The minimum standards will cover basic but important requirements relating to amenity, safety and privacy, and residential rental providers will owe a duty to ensure their property meets these standards.
Citation:
https://www.consumer.vic.gov.au/
Reform 41. Insurance companies commonly require deadlocks as a condition of obtaining full insurance cover, meaning that renters who live in a property without a functioning deadlock may not be eligible for compensation in the event of a burglary. RRPs will be required to ensure that any external doors are secured with a functioning deadlock. Deadlocks on windows are not recommended due to concerns about obstructing access to or from the property in an emergency.
Sample Residential rental agreement (Consumer Affairs)
Residential Tenancies Act1997 Section 26(1)
Residential Tenancies Regulations 2019 Regulation 10(1) – Schedule 1 Form 1
· The rental provider must ensure the premises has:
– locks to secure all windows capable of having a lock, and
– deadlocks(a deadlock is a dead latch with at least one cylinder) for external doors.
· The renter must obtain consent to change a lock in the master key system from the rental provider.
· The rental provider must not unreasonably refuse consent for a renter seeking to change a lock in the master key system.
· The rental provider must not give a key to a person excluded from the premises under a:
– family violence intervention order
– family violence safety notice
– recognised non local DVO
– personal safety intervention order.
Residential Tenancies Amendment Act 2018
58 Locks
(1)For section 70(1) of the Principal Act
Substitute—
“(1) A residential rental provider must ensure that
all external doors able to be secured with a
functioning deadlock at rented premises,
other than any screen door attached to an
external door, are secured with a functioning
Deadlock.
(1A)It is reasonable for a residential rental
provider not to ensure an external door at
rented premises is secured with a functioning
deadlock if—
(a) another Act or law provides for a
different type of lock or device for
the premises; or
(b) the external door cannot be accessed
because of another security barrier at
the rented premises.
Reference: Residential Tenancies Amendment Act 2018
(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
Refer to: Residential Tenancies Regulation 2020 Doc Regulation 29, Schedule 4
https://engage.vic.gov.au/rentingregulations
Schedule 4—Rental minimum standards
Proposed – Residential Tenancies Regulations 2019
https://engage.vic.gov.au/rentingregulations
In the rented premises all external entry doors, other than any screen door attached to an external door, must have a functioning single action deadlock, unless—
(a) the rented premises is a registered place; and
(b) a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 6 of the Heritage Act 2017.
A vermin proof rubbish bin and a vermin proof recycling bin are to be supplied for use by the renter of the rented premises—
(a) provided by the local council; or
(b) which are compatible with local council collection.
The rented premises are to contain a toilet that is—
(a) in good working order, connected to—
(i) a reticulated sewerage system; or
(ii) wastewater treatment system permitted under the Code of practice – Onsite wastewater management published under the Environment Protection Act 1970; or
(iii) any other system approved by the local council; and
(b) either in—
(i) a room that is intended to be used as a toilet area, whether as a separate toilet or bathroom or combined bathroom and laundry; or
(ii) a separate enclosed structure that is intended to be used as a toilet area.
In relation to bathroom facilities, the following amenities are to be provided in the rented premises—
(a) a bathroom connected to a reasonable supply of hot and cold water that contains a washbasin and a shower or bath;
(b) if a shower is present—
(i) a shower head with a 3 star rating in the rating system referred to in regulation 23(a); or
(ii) a shower head with a one or 2 star rating if a shower head with a 3 star rating—
(A) cannot be installed; or
(B) if installed, will not operate effectively due to the age, nature or structure of the plumbing of the premises.
(1) In relation to kitchen facilities, the following amenities are to be provided in the rented premises—
(a) a dedicated area which is intended to be used for cooking and food preparation;
(b) a sink in good working order that is connected to a reasonable supply of hot and cold water;
(c) an oven in good working order;
(d) a stove top in good working order that has—
(i) 2 or more burners if the rented premises has 2 bedrooms or fewer; or
(ii) 4 or more burners if the rented premises has between 3 and 6 bedrooms; or
(iii) 5 or more burners if the rented premises has 7 or more bedrooms.
(2) Sub clause (1) does not apply if the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 6 of the Heritage Act 2017.
Any laundry facilities present in the rented premises must be connected to a reasonable supply of hot and cold water.
The rented premises are to be structurally sound and weatherproof.
Each room in the rented premises must be free from mould and damp caused by or related to the building structure.
On and from 1 July 2022, in relation to electrical safety, all power outlets and lighting circuits in the rented premises are to be connected to—
(a) a switchboard type Circuit Breaker that complies with AS/NZS 3000 Electrical Installations as published from time to time; and
(b) a switchboard type Residual Current Device that complies with—
(i) AS/NZS 3190 Approval and test specification—Residual current devices (current-operated earth-leakage devices), as published from time to time; or
(ii) AS/NZS 61008.1 Residual current operated circuit-breakers without integral over current protection for household and similar uses (RCCBs): Part 1: General rules, as published from time to time; or
(iii) AS/NZS 61009.1 Residual current operated circuit-breakers with integral over current protection for household and similar uses (RCCBs) Part 1: General rules, as published from time to time.
10 Window coverings
On and from 1 July 2021, each window in a room at the rented premises that is likely to be used as a bedroom or as a living area is to be fitted with a curtain or blind that can be opened or closed by the renter to—
(a) reasonably block light; and
(b) provide reasonable privacy to the renter.
All external windows in the rented premises which are capable of opening must—
(a) be able to be set in a closed or open position; and
(b) have functioning latches to secure against external entry.
(1) The interior rooms, corridors and hallways of the rented premises are to have access to light, whether natural or artificial, which provides a level of illuminance appropriate to the function or use of those rooms.
(2) Each habitable room of the rented premises is to have access to—
(a) natural light, including borrowed light from an adjoining room, during daylight hours, which provides a level of illuminance appropriate to the function or use of the room; and
(b) artificial light during non-daylight hours which provides a level of illuminance appropriate to the function or use of the room.
(3) Sub clauses (1) and (2) do not apply if the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with the standard has been refused in accordance with Part 6 of the Heritage Act 2017.
(1) On and from 1 July 2020, in relation to heating in a Class 2 building a fixed heater in good working order is to be installed in the main living area of the rented premises.
(2) On and from 1 July 2020, in relation to heating in a Class 1 building—
(a) a fixed heater in good working order is to be installed in the main living area of the rented premises; and
(b) if a fixed heater is not installed in the main living area of the rented premises on or by 1 July 2020, an energy efficient fixed heater which is not fuelled by liquefied petroleum gas is to be installed.
(3) On and from 1 July 2022, in relation to heating in a Class 1 building—
(a) an energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises; and
(b) the energy efficient fixed heater is not—
(i) fuelled by liquefied petroleum gas; and
(ii) installed after 1 July 2020.
(4) On or before 1 July 2023, in relation to heating in a Class 1 building, an energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises which is not fuelled by liquefied petroleum gas.
(5) In this clause—
energy efficient fixed heater means—
(a) a non-ducted air conditioner or heat pump with a 2 star or above heating rating in the prescribed energy rating system for non-ducted air conditioners or heat pumps; or
(b) a gas space heater with a 2 star or above heating rating in the prescribed energy rating system for gas space heaters; or
(c) a ducted heating or hydronic heating system which has an outlet in the main living area of the rented premises; or
(d) a slow combustion wood heater;
fixed heater means a heater that is not designed or manufactured to be portable.
Reform 38. RRPs will be required tonsure that the rental properties they let out comply with prescribed rental minimum standards. The minimum standards that will be prescribed will include basic, yet critical requirements relating to amenity, safety and privacy, such as:
· a vermin proof rubbish bin
· a functioning toilet
· adequate hot and cold water connections in the kitchen, bathroom and laundry
· external windows that have functioning latches to secure against external entry
· a functioning cook top, oven, sink and food preparation area
· functioning heating in the property’s main living area
· window coverings to ensure privacy in any room the owner knows is likely to be a bedroom or main living area.
RRPs will be given time to bring their properties up to scratch before the minimum standards come into effect.
https://engage.vic.gov.au/fairersaferhousing
https://www.consumer.vic.gov.au/housing/
Reform 39. The power to prescribe rental minimum standards has been flexible designed, so that it can incorporate standards imposed under other Victorian legislation, such as energy and water efficiency requirements.
Sample Residential rental agreement (Consumer Affairs)
Residential Tenancies Act 1997 Section 26(1)
Residential Tenancies Regulations 2019 Regulation 10(1) – Schedule 1 Form 1
Part E –Rights and obligations
Condition of the premises
· must ensure that the premises comply with the rental minimum standards, and is vacant and reasonably clean when the renter moves in
· must maintain the premises in good repair and in a fit condition for occupation
· agrees to do all the safety-related maintenance and repair activities set out in Part C of the agreement.
· must follow all safety-related activities set out in
Part C of the agreement and not remove, deactivate or interfere with safety devices on the premises.
Locks
· The rental provider must ensure the premises has:
- locks to secure all windows capable of having a lock, and
- deadlocks(a deadlock is a dead latch with at least one cylinder) for external doors.
· The renter must obtain consent to change a lock in the master key system from the rental provider.
· The rental provider must not unreasonably refuse consent for a renter seeking to change a lock in the master key system.
· The rental provider must not give a key to a person excluded from the premises under a:
- family violence intervention order
- family violence safety notice
- recognised non local DVO
- personal safety intervention order.
Residential Tenancies Amendment Act 2018
(1B) A residential rental provider must provide
locks to secure all windows of the rented
premises that are
capable of having a lock.”.
Reference: Residential Tenancies Amendment Act 2018
(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
“65A Occupation of rented premises that do not
comply with rental minimum standards
(1) Without limiting sections 65, 68 and 70, a
residential rental provider must ensure that
rented premises comply with prescribed
rental minimum standards on or before the
day on which the renter enters into
occupation of the premises.
Penalty: 60 penalty units in the case of a
natural person;
300 penalty units in the case of a
body corporate.
(2) If rented premises do not comply with the
rental minimum standards on or immediately
after the day on which the renter enters into
occupation of the premises, the renter may
issue a request to the residential rental
provider for urgent repairs to be carried out
to the premises tonsure that the premises
comply with the standards.
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.”
53 Section 66 amended
Reference: Residential Tenancies Amendment Act 2018
