What are minimum housing standards for rentals?
Remember that cold, damp, semi-detached federation era home that you and eight of your best mates lived in at uni? You know the one – with the back door that didn’t quite shut, the loose floorboards, and the dodgy outdoor loo?
Well, that type of rental could now be a thing of the past, with minimum housing standards being brought in right across the country.
That’s right, rental laws are changing, with safety, habitability and comfort now considered basic rental rights.
So, let’s look at what the new minimum housing standards are, where they apply and how they’re policed.
What is the minimum standard
The new minimum housing laws are all about ensuring rentals are safe and fit to live in. And while the law is implemented at a state level, there are common themes across the states and territories.
Basically, it’s simple things that you might expect. For example most states note the property must:
- Be weatherproof and structurally sound
- Be in good repair
- Have functional locks or latches on all door and windows that can be accessed from outside
- Be free of vermin, damp and mould
- Have adequate ventilation
- Be supplied with electricity and gas, and have a water connection
- Have reasonable functionality, including working toilets, taps, and cooking facilities
Where the laws apply
Minimum housing standards already apply in NSW, which implemented the laws in 2020, and Queensland, which brought in the legislation back in 2023.
However, deadlines are now also closing in fast for South Australia and Victoria, and if a property is not up to par, there can be penalties for the Property Manager and the rental owner.
Who is responsible for what
In all states where minimum housing standards apply, the rental owner is responsible for ensuring their property is fit to live in.
The property manager also shares some of the responsibility with their role involving educating the owner, alerting the owner, and organising any necessary repairs.
In NSW a property manager’s licence might even be at stake if they fail to ensure a property is up to standard.
Meanwhile, the renter is required to notify the property manager/owner if a repair is required at the property.
How are minimum housing standards policed
If a property fails to meet minimal housing standards, the renter has a couple of options. In most states, they can terminate within the first seven days of the rental agreement commencing if they don’t believe the property meets minimum housing standards.
If the property falls below the required standard during the agreement, the renter can request a repair, issue a notice to remedy breach and then proceed to the relevant tribunal for an urgent order if those repairs aren’t made.
And if the problem still isn’t fixed, dispute resolution with the relevant tribunal is the next port of call.
The bottom line
Minimum housing standards are just common sense.
They are in place to ensure a fair and equitable rental system where properties are adequately maintained and are safe and habitable for rental occupiers.
For most rental owners ensuring their investment is up to par is second nature, but if you have any questions feel free to reach out to your property manager to see how minimum housing standards impact you as an owner.
