Landlords need to know the new rules

LANDLORDS need to make sure their premises adhere to the minimum housing standards which will commence for new tenancies from September 1 this year and for all tenancies from September 1 in 2024.

For residential tenancy agreements starting on or after September 1, 2023 lessors have just over six months to ensure that their premises and inclusions comply with any prescribed minimum housing standards when the tenancy starts and continue to comply during the tenancy.

The prescribed minimum housing standards are split into two parts – Safety and security, and Reasonable functionality.

PART 1 – SAFETY AND SECURITY

1. Weatherproof and structurally sound – The premises must be weatherproof, structurally sound and in good repair. Premises are not weatherproof if the roofing or windows of the premises do not prevent water entering the premises when it rains.
2. Fixtures and fittings – The fixtures and fittings, including electrical appliances, for the premises must be in good repair and must not be likely to cause injury to a person through the ordinary use of the fixtures and fittings.
3. Locks on windows and doors – The premises must have a functioning lock or latch fitted to all external windows and doors to secure the premises against unauthorised entry.
4. Vermin, damp and mould – The premises must be free of vermin, damp and mould. However, this does not apply to vermin, damp or mould caused by the tenant, including, for example, caused by a failure of the tenant to use an exhaust fan installed at the premises.
5. Privacy – The premises must have privacy coverings for windows in all rooms in which tenants or residents are reasonably likely to expect privacy, including, for example, bedrooms.

Privacy covering for windows include any of the following blinds, curtains, tinting and glass frosting.

PART 2 – REASONABLE FUNCTIONALITY

1. Plumbing and drainage – The premises must have adequate plumbing and drainage for the number of persons occupying the premises and be connected to a water supply service or other infrastructure that supplies hot and cold water suitable for drinking.
2. Bathrooms and toilets – The bathroom and toilet facilities at premises must provide the user with privacy.
3. Kitchen – A kitchen, if included, must include a functioning cook-top.
4. Laundry – A laundry, if included, must include the fixtures required to provide a functional laundry other than whitegoods.