Your Rental Property Health Check

Understanding The Minimum Standards & Your Responsibilities

The Rental Minimum Standards apply to each newly created Rental Agreement where:

New Renters - the Tenancy commenced after 29 March 2021

Periodic Leases – the Tenancy commenced prior to 29 March 2021, and automatically reverted to a periodic agreement, on or after 29 March 2021, and has remained periodic

Lease Renewals – a New Rental Agreement has been prepared for an existing Renter to commence, on or after 29 March 2021

If a Renter has signed a Rental Agreement and not moved in, and they find the property DOES NOT meet ANY or ALL of the 14 Rental Minimum Standards, the Renter can:

end the Tenancy immediately without incurring any fees for breaking the lease, by notifying the Rental Provider or Agent that the property does not meet Minimum Standards; or

move in anyway, then make a request for the item to be repaired as an Urgent Repair, or arrange for the item to be repaired themselves if the Rental Provider/Agent fails to do so.

IMPORTANT

The Owners/Rental Providers must properly disclose to the Renter (as one of the points on the RRP Disclosure Statement) whether the property does or does not comply with the Rental Minimum Standards

When a fixed term lease automatically reverts to a periodic agreement, it is considered starting a new agreement, even if occupancy began prior to 29 March 2021.

If the property does not meet Minimum Standards, the Renter can request that the Rental Provider make repairs or changes before signing the Rental Agreement or prior to them moving in.

If a property falls below the Minimum Standards at any time during the Tenancy, the Renter can make a request for an Urgent Repair so that the property complies with the Minimum Standards.

Locks

Does your property comply with the Minimum Standards for Locks?

Deadlocks are fitted to all external doors (all doors other than any screen door attached to an external door)

The property’s external entry doors have functioning deadlocks and are fitted with locks that can be unlocked with a key from the outside, and may be unlocked without a key from the inside.

The only cases where a deadlock doesn’t have to be fitted to an external door are when:

a door cannot be secured with a deadlock - for example, because of its position it is a screen door in the same door frame as an external door a different type of lock or device is required under another Act or Law the door is not directly accessible because there is another type of security barrier, such as a locked door to an apartment building, or a locked gate the property is a Registered Place under the Heritage Act 2017 and has an approved exemption from the standards it is a public lobby door

Vermin Proof Bins

Is your property supplied with both a rubbish bin & recycling bin, approved by Council, as required to meet the Minimum Standards?

Rental Providers must supply a rubbish bin, and a separate recycling bin for the Renter to use.

The bins can be provided by the local Council or purchased elsewhere, as long as they are vermin proof and meet Council collection standards/requirements

4

Toilets

Bathroom Facilities 3

Does your property comply with the Minimum Standards for Toilets?

The toilet must be in the property, either by itself, or in an appropriate room like a bathroom or in a combined bathroom-laundry

The toilet must be in good working order.

The property’s toilet must be connected to either:

pipes that carry the sewage to a treatment plant (a reticulated sewerage system) a wastewater treatment system permitted under the Code of Practice – Onsite Wastewater Management at EPA Victoria any other system approved by the local Council

Does your property comply with the Minimum Standards for Bathroom Facilities?

A Rental Property’s bathroom must have a washbasin and a shower or bath.

The bathroom facilities must be connected to a reasonable supply of hot and cold water

If a shower is present, then the shower head must have a 3-star water efficiency rating (under the WELS Scheme in the Water Efficiency Labelling Standards Act 2005).

If a 3-star showerhead cannot be installed, for example because of the age of the property, nature, or structure of the plumbing, then a shower head with a 1- or 2-star rating is acceptable

NOTE/COMMENT:

Kitchen Facilities

Does your property comply with the Minimum Standards for Kitchen Facilities?

The property must have a kitchen with the following amenities:

a dedicated cooking and food preparation area a sink in good working order connected to a reasonable supply of hot & cold water a cooktop in good working order that has two or more burners if there is an oven, it needs to be in good working order

If the Rented Premises does NOT have the above kitchen facilities, is it because the premises is a Registered Place and a permit to include the facilities was refused under the Heritage Act 2017.

Laundry Facilities

Does your property comply with the Minimum Standards for Laundry Facilities?

If there is a laundry in the property, it must be connected to a reasonable supply of hot and cold water.

This requirement also applies to communal laundry facilities, which are located outside of the property perimeter – if applicable, is the communal laundry connected to a reasonable supply of hot and cold water.

Structural Soundness

Does your property comply with the Minimum Standards for Structural Soundness?

Is the property structurally sound?

Is the Rented Premises weatherproof?

Mould and Damp

Does your property comply with the Minimum Standards to be free from Mould & Damp?

Are all rooms in the Rented Premises free from mould and damp caused by or related to the building structure?

Electrical Safety

Does your property comply with the Minimum Standards for Electrical Safety?

Are all power outlets and lighting circuits in a Rental Property connected to:

a Switchboard type circuit breaker that complies with AS/NZS 3000 (Electrical Installations – as published from time to time) for wiring, and

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 (RCCBs): 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 (RCBOs) Part 1: General Rules” as published from time to time

10

Window Coverings

Does your property comply with the Minimum Standards for Window Coverings?

Is each window in a room likely to be used as a bedroom or living area fitted with a curtain/blind that can be opened & closed by the Renter to reasonably block light, providing reasonable privacy to the Renter?

NOTE/COMMENT:

YES

Windows

Lighting 11

Does your property comply with the Minimum Standards for Windows?

Can each external window in the Rented Premises that is capable of being opened be set in a closed or open position?

Do all external windows in the Rented Premises that are capable of opening have a functioning latch, window lock or bolt to secure them against external entry?

They must also be able to be left open or closed. If the window can’t have a lock fitted, it must have a functioning latch to keep it closed.

REFERENCE: SECTION 70 OF THE RESIDENTIAL TENANCIES ACT 1997 – LOCKS | VIEW REFERENCE HERE YES NO NOT APPLICABLE

Does your property comply with the Minimum Standards for Lighting?

Do the inside rooms, corridors & hallways have access to light, whether natural or artificial, which is appropriate to make the areas functional?

Does each habitable room in the Rented Premises have access to:

natural light, including borrowed light from an adjoining room, during daylight hours, which is appropriate for the function of the room; and

artificial light during non-daylight hours which is sufficient for the function or use of the room

If the answer to either questions above was “No”, was it because the premises is a Registered Place and an application to upgrade the lighting to the Rental Minimum Standard has been refused under the Heritage Act?

NOTE/COMMENT:

Ventilation

Does your property comply with the Minimum Standards for Ventilation?

YES NO

The property must meet the appropriate ventilation requirements of the Building Code of Australia, which are different for different kinds of properties. See Australian Building Codes Board resources library HERE

Rental properties must have adequate ventilation in all habitable rooms including the bathroom, shower, toilet, and laundry.

The building is a Class 1 building and each habitable room, bathroom, shower room, toilet and laundry have ventilation that satisfies the specified Performance Requirements or Acceptable Construction Practice requirements; or

The building is a class 2 building and each habitable room, bathroom, shower room, toilet and laundry have ventilation that satisfies the specified Performance Requirements or the Deemed-to-Satisfy Provision requirements.

Building Class definitions:

building Class 1 – Domestic or Residential buildings – single, standalone, single houses and horizontally attached houses, row houses or townhouses

building Class 2 – Domestic Apartment buildings – a building containing

REFERENCE: SCHEDULE 4 OF THE RESIDENTIAL TENANCIES REGULATIONS 2021RENTAL MINIMUM STANDARDS | VIEW REFERENCE HERE

NOTE/COMMENT:

Heating

Does your property comply with the Minimum Standards for Heating?

This question is only applicable on and from 29 March 2023. YES NO

If the Rented Premises is a Class 1 building, does it have an energy efficient fixed heater in good working order in the main living area?

If the Rented Premises is within a Class 2 building, does it have an energy efficient fixed heater in good working order in the main living area?

If the Rented Premises is within a Class 2 building and there is no energy efficient fixed heater in the main living area, would it be unreasonable to install an energy efficient fixed heater?

If the Rented Premises is within a Class 2 building and it would be unreasonable to install an energy efficient fixed heater in the main living area does the premises have a fixed heater in good working order in the main living area?

NOT APPLICABLE

NOTE/COMMENT:

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Rental properties must have a fixed heater (not portable) in good working order in the main living area. If a fixed heater has not been installed in the main living area by 29 March 2021, the Rental Provider must install an energy efficient heater.

From 29 March 2023, the heater must also meet energy efficiency standards. This means that if a Renter enters into a Rental Agreement from 29 March 2023, there must be a fixed energy efficient heater in the main living area. If there is an existing fixed heater that is not energy efficient, the Rental Provider must upgrade it

An energy efficient fixed heater must be one of the following:

a non-ducted air conditioner or heat pump with a 2 star or above energy rating

a gas space heater with a 2 star or above energy rating

a ducted heating or hydronic heating system with an outlet in the main living area

a domestic solid fuel burning appliance, such as a fireplace or wood burning stove

In some apartment blocks it may not be practical to install an energy efficient heater - because of the Owner’s Corporation rules, or costs, for example. It may be unreasonable to install an energy efficient heater because:

it would cost more:

(i) than the average cost of installation

(ii) to meet other Acts or local laws

owner’s corporation rules prohibit it

If this is the case, the Rental Provider must still install a fixed heater in the main living area. If a Rental Provider considers that it would be unreasonable to install an energy efficient fixed heater, they should: have evidence to show that it is unreasonable, and let the Renter know before they enter into a Rental Agreement

Understanding Your Legal Obligations

RESIDENTIAL TENANCIES ACT 1997 & RESIDENTIAL TENANCIES REGULATIONS 2021

Schedule 4 of the Residential Tenancies Regulations 2021: Rental Minimum Standards | VIEW HERE

Regulation 16 of the Residential Tenancies Regulations 2021: Information which Residential Rental provider must disclose to Rental Applicant | VIEW HERE

Section 30D of the Residential Tenancies Act 1997: Information that Rental Providers must disclose before entering a Residential Rental Agreement | VIEW HERE

Section 65A of the Residential Tenancies Act 1997: Occupation of Rented Premises that do not comply with Rental Minimum Standards | VIEW HERE

Section 70 of the Residential Tenancies Act 1997: Locks | VIEW HERE

Section 72 of the Residential Tenancies Act 1997: Urgent Repairs | VIEW HERE

Section 91L of the Residential Tenancies Act 1997: Termination by Renter before Possession | VIEW HERE

We commend your commitment to maintaining a safe and comfortable living environment for your renters By utilising our comprehensive checklist, you've taken a proactive step towards ensuring your rental property meets the necessary standards and compliance requirements. This is now part of our new client onboarding process, where we conduct comprehensive inspections and provide expert advice to ensure your rental property meets the highest standards.

Should you have any questions or require further assistance, please don't hesitate to reach out to us. Our team is here to support you every step of the way. Thank you again for trusting us with your property health check needs. Here's to a healthy, happy tenancy for all.

Thank You

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