Updated: 1 July 2020
Mandatory Home Safety Maintenance
Please reference Safety-Related Activities in detail.
Regulation 13, Schedule 3
Residential Tenancies Regulation Doc 2020 Regulation 13, Schedule 3
https://engage.vic.gov.au/rentingregulations
Safety-Related Activities in detail
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 information relating to gas safety checks
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.
Rental agreement updates relating to gas safety checks
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
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 citation relating to gas safety checks
Residential Tenancies amendment act citation relating to gas safety checks
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
View Document by clicking here
Residential Tenancies Amendment Act 2018 RTA 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 direction relating to gas safety checks
Energy Safe Victoria direction relating to gas safety checks
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 information relating to electrical safety checks
Reform information relating to electrical safety checks
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.
Rental agreement updates relating to electrical safety checks
Rental agreement updates relating to electrical safety checks
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
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 citation relating to electrical safety checks
Residential Tenancies amendment act citation relating to electrical safety checks
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
View Document by clicking here
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.”.
Energy Safe Victoria direction relating to electrical safety checks
Energy Safe Victoria direction relating to electrical safety checks
Energy Safe Victoria: Definition of electrical safety checks
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/
Electrical safety act direction relating to the governing nature of ESV
Electrical safety act direction relating to the governing nature of ESV
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 information relating to smoke alarm checks
Reform information relating to smoke alarm checks
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.
Rental agreement updates relating to smoke alarm checks
Rental agreement updates relating to smoke alarm checks
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 Tenancies amendment act citation relating to smoke alarm checks
Residential Tenancies amendment act citation relating to smoke alarm checks
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
View Document by clicking here
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
View Document by clicking here
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
View Document by clicking here
Victorian Building Authority direction relating to smoke alarm checks
Victorian Building Authority direction relating to smoke alarm checks
The Victorian Builders Association states,
‘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 information relating to pool safety
Reform information relating to pool safety
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.
Rental agreement updates relating to pool safety
Rental agreement updates relating to pool safety
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
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 citation relating to pool safety
Residential Tenancies amendment act citation relating to pool safety
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
View Document by clicking here
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
View Document by clicking here
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
View Document by clicking here
Updated: 1 July 2020
Urgent Repairs
There are multiple reforms listed under Urgent and Non-Urgent Repairs on: https://engage.vic.gov.au/fairersaferhousing
These reforms are about changes to Victoria’s renting laws.
The meaning of ‘urgent repairs’ has been expanded to include: any work necessary to repair or remedy items relating to the new Minimum Standards and Mandatory Safety Maintenance.
- A failure or breakdown of a cooling appliance or service provided by the rental provider
- A failure or breakdown of any safety related devices, including a smoke alarm or pool fence
- Any fault or damage that makes the property unsafe or insecure, including a pest infestation or the presence of mould or damp caused by or related to the building structure.
Detailed reference guide 23: Expanded definition of urgent repairs (Word, 42KB
Renters will also now be required to report damage or breakdown of facilities in the property.
The aim of this reform is to minimise any reluctance the renter may feel to request a repair that has not previously been documented (for example, in the condition report), and to ensure that RRPs are able to prevent damage to the property that would occur if a repair was unnecessarily delayed.
Reform information relating to urgent repairs
Reform information relating to urgent repairs
Reform 50. Renters will be required to report damage or breakdown of facilities in the property. A renter who becomes aware of the need for a repair to the premises will have to give notice as soon as possible to the RRP or agent.
The aim of this reform is to minimise any reluctance the renter may feel to request a repair that has not previously been documented (for example, in the condition report), and to ensure that RRPs are able to prevent damage to the property that would occur if a repair was unnecessarily delayed.
A failure by the renter to report a defect would not lead to a breach of any other duty. However, if the renter subsequently alleges that the RRP did not comply with their repair obligations, or tries to claim damages for reduced amenity, VCAT will be able to consider whether, and when, the RRP was actually notified of the problem.
Reform 54. The existing definition of urgent repairs will be expanded to include breakdown of a cooling appliance, non-compliance with minimum standards or the safety-related obligations (such as a functioning smoke alarm), pest infestation and mould caused by the building structure. This reform also applies to urgent repairs in rooming houses and caravans.
Reform 50. Renters will be required to report damage or breakdown of facilities in the property. A renter who becomes aware of the need for a repair to the premises will have to give notice as soon as possible to the RRP or agent.
The aim of this reform is to minimise any reluctance the renter may feel to request a repair that has not previously been documented (for example, in the condition report), and to ensure that RRPs are able to prevent damage to the property that would occur if a repair was unnecessarily delayed.
A failure by the renter to report a defect would not lead to a breach of any other duty. However, if the renter subsequently alleges that the RRP did not comply with their repair obligations, or tries to claim damages for reduced amenity, VCAT will be able to consider whether, and when, the RRP was actually notified of the problem.
Reform 55. The limit for renters to authorise urgent repairs when their residential rental provider (RRP) has not promptly responded to an urgent repair request will be increased to reflect inflation from the current limit of $1,800. The revised limit will be prescribed in regulations. This reform also applies to rooming houses, caravan parks and residential parks.
Reform 57. Renters who have paid for urgent repairs up to the prescribed amount will be able to seek reimbursement from the RRP for the reasonable costs of repair within seven days, instead of 14 days. A failure by the RRP to reimburse the renter will entitle the renter to seek a compensation order from VCAT. This reform also applies to rooming houses, caravan parks and residential parks.
7 day reimbursement of urgent repairs
7 day reimbursement of urgent repairs
- If a renter carries out urgent repairs, they must give the rental provider written notice of the repairs and the cost of the repairs.
- The rental provider is liable to reimburse for the reasonable cost of the repairs, up to an amount to be prescribed by the Regulations.
- The rental provider must reimburse the renter for the cost of the repairs within 7 days of receiving the written notice.
- If the rental provider does not reimburse the renter as required, the renter may apply to VCAT for a compensation or compliance order. If VCAT is satisfied that the rental provider has not reimbursed the renter within 7 days, it may order the rental provider to compensate the renter for the cost of the urgent repairs.
- These changes to urgent repairs also apply to rooming houses, caravans, caravan park sites and residential park sites.
Citation:
Also See:
Increase to $2,500 reimbursement of urgent repairs
Increase to $2,500 reimbursement of urgent repairs
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
A renter may arrange for urgent repairs to be done if the renter has taken reasonable steps to arrange for the rental provider to immediately do the repairs; and the rental provider has not carried out the repairs.
If the renter has arranged for urgent repairs, the renter may be reimbursed directly by the rental provider for the reasonable cost of repairs up to $2,500.
The renter may apply to VCAT for an order requiring the rental provider to carry out repairs if:
· the renter cannot meet the cost of the repairs, or
· the cost of repairs is more than $2,500, or
· the rental provider refuses to pay the cost of repairs if it is carried out by the renter.
Residential Tenancies Amendment Act Citation relating to deadlocks
Residential Tenancies Amendment Act Citation relating to deadlocks
(4) In section 3(1) of the Principal Act, in the definition of urgent repairs—
(a) in paragraphs (h)(i) and (j), for “landlord” substitute “residential rental provider”;
(b) in paragraph (h)(ii), for “owner” substitute“operator”;
(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”;
(d) for paragraph (k) substitute—
“(k) any fault or damage that makes rented premises, a rooming house, a room, acaravan or an SDA enrolled dwellingunsafe or insecure, including—
(i) a pest infestation; or
(ii) the presence of mould or damp caused by or related to the building structure;
Residential Tenancies Amendment Act 2018
View Document by clicking here
NOTE: These reforms are in addition to the Residential Tenancies Act 1997
Under the Residential Tenancies Act 1997, urgent repairs in a rental property are:
- burst water service
- blocked or broken toilet system
- serious roof leak
- gas leak
- dangerous electrical fault
- flooding or serious flood damage
- serious storm or fire damage
- failure or breakdown of any essential service or appliance provided by a landlord or agent for hot water, water, cooking, heating, or * laundering
- failure or breakdown of the gas, electricity or water supply
- any fault or damage in the premises that makes the premises unsafe or insecure
- an appliance, fitting or fixture that is not working properly and causes a substantial amount of water to be wasted
- a serious fault in a lift or staircase.
Updated: 1 July 2020
Non-Compliance
The penalties for non-compliance to the new reforms are increasing as a result of substantial research that a large number of Victorian rental providers were not undertaking the recommended safety maintenance and were providing poor living conditions to renters.
‘Overall, 11 per cent of renters described their property condition as ‘poor’ or ‘very poor’ when they moved in, with low income renters (those in the bottom two income quartiles) more likely to report that their property was in ‘poor’ condition (11 per cent compared to 7 per cent overall)and less likely to report that it was in ‘excellent’ condition (22 per cent compared to 29 per cent overall)…
Feedback obtained as part of the Review, as well as knowledge gathered from Consumer Affairs Victoria’s (CAV’s) regulatory and compliance functions, identified that responsibilities for safety-related activities under a rental agreement was an area of concern, with anecdotal evidence of critical safety tasks not being done.’
Citation: Regulatory Impact Statement Residential Tenancies Regulations 2020
https://engage.vic.gov.au/rentingregulations
What happens if the rental providers does not provide these minimal requirements?
‘Rental providers who currently try to do the right thing by renters will not be affected by the changes. However, those who cut corners or who do not prioritise compliance with their obligations will find themselves facing increased monetary penalties and other punitive action.’ (engage.vic.gov.au)
Reform information relating to non-compliance
Reform information relating to non-compliance
Reform 7. A new Rental Non-compliance Register for residential rental providers (RRPs) and agents will be established and maintained by the Director of Consumer Affairs Victoria.
This will enable renters to identify those who have previously breached their obligations under the Residential Tenancies Act. A listing for the RRP or the agent will be made if VCAT has made a compliance or compensation order in respect of a breach of duty under the Act, or if the RRP or agent has been convicted of an offence under the Act.
Reform 40. If a property does not comply with the prescribed rental minimum standards, the renter can terminate the residential rental agreement before they move in, or they can move in and request compliance as an urgent repair.
If the RRP fails to bring property up to standard following the urgent repair request, VCAT can order that the rent be redirected into the Rent Special Account.
Reform 59. To encourage residential rental providers to maintain their properties in good repair, renters will have increased access to the Rent Special Account.
The Rent Special Account is designed to hold rent payments that have been redirected when the RRP has not undertaken any necessary repairs. Upon application by the renter, VCAT will be required to order that rent be paid into the Rent Special Account instead of to the RRP, unless the RRP can prove that they would experience financial hardship if the rent was paid into the Rent Special Account.
If, despite having been ordered by VCAT to undertake repairs, the RRP still has not fulfilled their duty, the renter may now apply to have any rent held in the Rent Special Account repaid to them in full as compensation for the inconvenience of having to wait for repairs to be performed. This reform also applies to rental arrangements in rooming houses, caravan parks and residential parks, and responsibility for administering the Rent Special Account will be moved from VCAT to the RTBA.
Publicly blacklisting agent and RRPs for non-compliance
Publicly blacklisting agent and RRPs for non-compliance
A number of the reforms were announced as part of the Government’s ‘Rent Fair’ campaign in October 2017.
These included:
Establishing a non-compliance register ‘blacklisting’ residential rental providers and agents who fail to meet their obligations
https://engage.vic.gov.au/fairersaferhousing
Review this detailed document regarding the non-compliance register
‘A listing for the rental provider or their agent must be
made in the Register if VCAT has made a compliance or compensation order
against them in respect of a breach of duty under the Act, or if the rental
provider or agent has been convicted of an offence under the Residential Tenancies Act 1997.’
Information included in a listing
A listing must include the:
- rental provider’s name
- business name and address of the rental provider’s agent (if they have an agent)
- address of the rented premises
- date of the order made by VCAT and the section of the Act that the rental provider breached, or the date of conviction of an offence under the Act and the section of the Act the rental provider was convicted under, and any other information the Director decides is relevant to the VCAT order, conviction or finding of guilt.
Previous requirements
A rental non-compliance register did not exist under the previous version of the Act.
Detailed reference guide 8: Rental provider non-compliance register (Word, 43KB)
439P Rental Non-compliance Register
(1) The Director must establish and maintain a register of registrable residential rental providers to be known as the Rental Non- compliance Register.
(2) The Director must enter in the Rental Non-compliance Register the information specified in subsection (3) in respect of a residential rental provider if—
(a) the Tribunal has made an order under Part 5 that the residential rental provider must—
(i) remedy a breach; or
(ii) pay compensation; or
(iii) refrain from committing a breach; or
(b) the residential rental provider has committed an offence under this Act.
(3) For the purposes of subsection (2), the information is—
(a) the name of the residential rental provider; and
(b) the address of the rented premises in respect of which the order was made or the offence was committed; and
(c) if the residential rental provider has an agent, the business name and business address of the agent; and
Residential Tenancies Amendment Act 2018
View Document by clicking here
What is considered a breach in relation to compliance:
Breach of Duty
Tenants, residents, landlords and
owners all have a responsibility to meet the terms of their rental agreement
and the Residential Tenancies Act 1997 (the Act).
If one party does not meet their
duties under the Act, the other may serve them with a breach of duty notice.
This is a formal warning to the party who is not meeting their obligations.
Additional penalties for non-compliance
Additional penalties for non-compliance
- Non-compliance fine
“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.
Penalty: 60 penalty units ($165.22 x 60 = $9,913.20)
Reference:
Residential Tenancies Amendment Act 2018
View Document by clicking here
https://www.consumer.vic.gov.au/housing/renting/penalties
Renters 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
View Document by clicking here
Renters must inform rental provider of damage
A renter must report damage or the breakdown of facilities as soon as practicable after becoming aware to the rental provider. This report will be considered by VCAT in claims for compensation by the renter. If the renter receives an end of fixed term notice to vacate in response to such are port, it is of no effect.
Renters request urgent repair & can terminate agreement
If the rental property does not meet the minimum standards, the renter can end the rental agreement before they move in.
Renters can also request an urgent repair to make the rental property meet the minimum standards at any time after they move in.
https://www.consumer.vic.gov.au/
Detailed reference guide 26: Rental minimum standards - consumer affairs
If the rented property does not meet the rental minimum standards, the renter can issue a notice to terminate the rental agreement if the renter has not yet entered into possession of the property. Alternatively, the renter can occupy the property and issue a request to the rental provider for urgent repairs to be carried out to bring the property up to standard.
Failure to comply with the rental minimum standards is included in the definition of urgent repair, so a renter can request an urgent repair if a rental property falls out of compliance with the rental minimum standards at any time during the rental agreement.
Detailed reference guide 26: Rental minimum standards (Word, 43KB)
consumer.vic.gov.au/rentinglawchanges
Renters insurance defaults
Failure to meet your legal requirements as a residential rental provider increases your exposure to insurance defaults. For example, if you have not maintained your smoke alarms as per legislative requirements and there is fire, injury or death at your property, your insurance provider holds the right to refuse claims due to your failure to uphold your legislative requirements as an RRP.
Liability for utility charges for non-compliant energy efficient replacement appliances
A rental provider is liable for the cost of supplying water, gas or electricity to the rented premises for as long as the rental provider is in breach of their duty to replace a water, gas or electrical appliance with a replacement which has an equal or greater prescribed energy efficiency rating.
Citation:
Residential Tenancies Amendment Act Citation relating to non-compliance
Residential Tenancies Amendment Act Citation relating to non-compliance
(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
View Document by clicking here
Residential Tenancies Amendment Act 2018
(4) After section 77(3) of the Principal Act insert— “(4) A renter may apply to the Tribunal to order that the whole or any part of the rent paid
into the Rent Special Account be paid to the renter if—
(a) the Tribunal has made an order under subsection (2) that rent be paid into the Rent Special Account in respect of a breach of section 68 or the rental minimum standards; and
(b) the residential rental provider has not effected any required repairs at the rented premises by the end of the period stated in that order.
“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 to ensure 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
Residential Tenancies Amendment Act 2018
Minimum Standards
Updated: 1 July 2020
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/
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
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—
1. (a) a switchboard-type Circuit Breaker that complies with AS/NZS 3000, "Electrical Installations", as published from time to time; and
2. (b) a switchboard-type Residual Current Device that complies with—
1. (i) AS/NZS 3190, "Approval and test specification—Residual current devices (current operated earth-leakage devices)", as published from time to time; or
2. (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
3. (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—
1. (a) a fixed heater in good working order is to be in the main living area of the rented premises; or
2. (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. (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. (4) On and from 29 March 2023, in relation to heating in a Class 2 building—
1. (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
2. (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.
3. (5) For the purposes of sub regulations (2)(b) and (4) it would be unreasonable to install an energy efficient fixed heater if—
1. (a) the cost of installation would be significantly higher than the average price of installation in a Class 2 building; or
2. (b) owners corporation rules prohibit installation of the appliance; or
3. (c) compliance with any other Act or local law makes the cost of installation prohibitive.
(6) In this clause—
energy efficient fixed heater means—
1. (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
2. (b) a gas space heater with a 2 star or above heating rating in the prescribed energy rating system for gas space heaters; or
3. (c) a ducted heating or hydronic heating system which has an outlet in the main living area of the rented premises; or
4. (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 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:
- 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.
Consumer Affairs rental agreement update relating to new minimum standards laws
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.
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.
Reference Residential Tenancies Regulations 2021
Residential Tenancies Amendment Act Citation relating to minimum standards
Residential Tenancies Amendment Act Citation relating to minimum standards
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
View Document by clicking here
“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 to ensure 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
View Document by clicking here