Updated: 1 July 2020

Minimum Standards

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.
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‍Citation:
https://www.consumer.vic.gov.au/

We support residential rental providers (RRP) to provide the following minimum standards

- Functioning heating in the property’s main living area

- All power outlets and lighting circuits to be connected to a circuit breaker and residual current device

Please reference Minimum Standards in detail

Refer to: Residential Tenancies Regulation 2020 Doc Regulation 29, Schedule 4
‍https://engage.vic.gov.au/rentingregulations

Minimum standards in detail

Schedule 4—Rental minimum standards

Residential Tenancies Regulations 2021

S.R. No. 3/2021

https://engage.vic.gov.au/rentingregulations

Regulation 29

9 Electrical safety

On and from 29 March 2023, 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 overcurrent protection for household and similar uses (RCBOs): Part 1: General rules", as published from time to time; or
(iii) AS/NZS 61009.1, "Residual current operated circuit-breakers with integral overcurrent protection for household and similar uses (RCCBs) Part 1: General rules", as published from time to time.

‍14 Heating

(1) On and from 29 March 2021 until 28 March 2023, in relation to heating in a Class 1building—

(a) a fixed heater in good working order is to be in the main living area of the rented premises; or
(b) if a fixed heater has not been installed in the main living area of the rented premises on or by 29 March 2021, an energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises.

(2) On and from 29 March 2021 until 28 March 2023, in relation to heating in a Class 2building—

(a) a fixed heater in good working order is to be in the main living area of the rented premises; or

(b) if a fixed heater has not been installed in the main living area of the rented premises on or by 29 March 2021, an energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises unless it would be unreasonable to install an energy efficient fixed heater.

(3) On and from 29 March 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.
(4) On and from 29 March 2023, in relation to heating in a Class 2 building—

(a) an energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises unless it is unreasonable to install an energy efficient fixed heater; or
(b) if it is unreasonable to install an energy efficient fixed heater in the main living area of the rented premises, a fixed heater in good working order is to be installed in the main living area of the rented premises.

(5) For the purposes of sub regulations (2)(b) and (4) it would be unreasonable to install an energy efficient fixed heater if—

(a) the cost of installation would be significantly higher than the average price of installation in a Class 2 building; or
(b) owners corporation rules prohibit installation of the appliance; or
(c) compliance with any other Act or local law makes the cost of installation prohibitive.

(6) 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 domestic solid fuel burning appliance;

fixed heater means a heater that is not designed or manufactured to be portable.

Reference Residential Tenancies Regulations 2021

Reform information regarding minimum standards

Reform 38. RRPs will be required to ensure 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:

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· 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.

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https://engage.vic.gov.au/fairersaferhousing

https://www.consumer.vic.gov.au/housing/

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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.

https://engage.vic.gov.au/fairersaferhousing

https://www.consumer.vic.gov.au/

Consumer Affairs rental agreement update relating to new minimum standards laws

Residential Tenancies Regulations 2021

Schedule 1, Form 1

Residential Rental Agreement of No more than 5 Years.

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Part D – Rights and Obligations

21. Condition of the premises

The rental provider—

• must ensure that the premises comply with the rental minimum standards, and is vacant and reasonably clean when the renter moves in; and
• must maintain the premises in good repair and in a fit condition for occupation; and
• agrees to do all the safety-related maintenance and repair activities set out in Part C of the Agreement.

The renter must follow all safety-related activities set out in Part C of the agreement and not remove, deactivate or otherwise interfere with the operation of prescribed safety devices on the premises.

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Reference Residential Tenancies Regulations 2021

https://engage.vic.gov.au/rentingregulations

Residential Tenancies Amendment Act Citation relating to minimum standards

Residential Tenancies Amendment Act 2018

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(4) In section 3(1) of the Principal Act, in the

definition of urgent repairs—

…

“(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

View Document by clinking here

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“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

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Reference: Residential Tenancies Amendment Act 2018

View Document by clinking here

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Minimum Standards

We support residential rental providers (RRP) to provide the following minimum standards

- Functioning heating in the property’s main living area- All power outlets and lighting circuits to be connected to a circuit breaker and residual current device

Please reference Minimum Standards in detail

Regulation 29

View Document by clinking here

View Document by clinking here

- Functioning heating in the property’s main living area

- All power outlets and lighting circuits to be connected to a circuit breaker and residual current device