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/

By Law, a residential rental provider (RRP) is now required to provide:

- A functioning deadlock on external doors

Reform information relating to deadlocks

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.

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

Rental agreement updates relating to new deadlock laws

Sample Residential rental agreement (Consumer Affairs)

Residential Tenancies Act1997 Section 26(1)

Residential Tenancies Regulations 2019 Regulation 10(1) – Schedule 1 Form 1

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Part E– Rights and obligations

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.

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

Residential Tenancies amendment act citation relating to deadlocks

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.

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Reference: 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”;

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Reference: Residential Tenancies Amendment Act 2018

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- A vermin proof rubbish bin
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- A functioning toilet
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- Adequate hot and cold water connections in the kitchen, bathroom and laundry
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- External windows that have functioning latches to secure against external entry
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- A functioning cooktop, oven, sink and food preparation area
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- Functioning heating in the property’s main living area
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- Window coverings to ensure privacy in any room the owner knows is likely to be a bedroom or main living area

- A rented premises that is structurally sound

- A rented premises that is free from mould or damp caused by building structure

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

Minimum standards in detail

Schedule 4—Rental minimum standards

Proposed – Residential Tenancies Regulations 2019

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

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Regulation 29

1 Locks

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.

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2 Vermin proof bins

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.

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3 Toilets

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.

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4 Bathroom facilities

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.

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5 Kitchen facilities

(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;

(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.

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6 Laundry facilities

Any laundry facilities present in the rented premises must be connected to a reasonable supply of hot and cold water.

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7 Structural soundness

The rented premises are to be structurally sound and weatherproof.

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8 Mould and dampness

Each room in the rented premises must be free from mould and damp caused by or related to the building structure.

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9 Electrical safety

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.

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11 Windows

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.

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12 Lighting

(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.

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13 Heating

(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

(d) a slow combustion wood heater;

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