20th March 2020 / Andrew Paterson: Changes to the Residential Tenancies Act 1st July 2020: New Minimum Standards

In addition to the recent change in legislation now in force regarding pets at rental properties, important draft regulations regarding minimum standards have been released and we believe they will become new legislation from 1st July 2020.

What it means simply is that the state government is introducing a minimum standard that applies to rental properties in Melbourne.

The urgent repair definition has also been updated to include cooling, safety devices, pest infestation, mould and dampness.

Owners will no longer be able to lease out substandard properties. If they ignore the new legislation introduced, tenants will have the right to withdraw from tenancies at will where minimum standards have not been met.

New pool regulations have come into effect

Do you have a pool or spa at your investment property, your own home, or perhaps considering purchasing a home with a pool or spa? On 1st December 2019, new pool and safety standards were announced by the Victorian Government in response to a series of investigations which saw faulty and unsafe pool barriers result in the deaths of children in backyard swimming pools.

The new regulations require that all pool and spa owners must register their pool or spa with their local council by 1st June 2020. All owners also have a legal obligation to ensure their safety barriers are inspected once every four years.

If Fletchers are managing your property which includes a pool or spa (functional or not), please contact the relevant council or check their website for more information on how to register your pool or spa, including the fees payable. You will be required to complete a registration form and pay the registration fee with the council direct. Please communicate with your Property Manager to advise once you have registered your pool with the applicable council by 1st June 2020.

Owners are also required to have safety inspection checks completed by registered Pool Safety Officers and will be required to lodge a certificate of barrier compliance with their council. If a safety barrier is not compliant, it is the owner's responsibility to make the barrier compliant and once these works have been completed, a further safety inspection check will need to be conducted to ensure the barriers comply.

Fletchers can arrange a safety inspection check to be completed at your property, please advise your Property Manager if you would like us to arrange this on your behalf.

To access further information regarding pool safety and requirements, please visit the below websites and your local council website.

https://www.kidsafevic.com.au/water-safety/pool-fence-safety/pool-fencing-laws/

https://www.vba.vic.gov.au/consumers/swimming-pools

Changes to The Residential Tenancies Act 1st July 2020: Rental minimum standards

1. Locks – All external entry doors other than any screen door, attached to an external door must have a functioning single action deadlock.

2. Vermin proof bins – Rubbish and recycling bins must simply have a lid and be of a standard provided by the council or compatible with local council collection.

3. Toilets – Must be in good working order and connected to a reticulated sewerage system or wastewater system or any other system approved by the local council.

4. Bathroom facilities – Must be connected to a reasonable supply of hot and cold water and contain a washbasin, a shower or a bath.

• If a shower is present a shower head is to be of either a 2- or 3-star rating depending on whether it's a mains pressure or gravity fed system.

5. Kitchen facilities – The following are required to be provided:

• A dedicated area intended for cooking and food preparation.
• A sink in good working order connected to a reasonable supply of hot and cold water.
• An oven in good working order.
• A stovetop in good working order – The number of burners required depends on the number of bedrooms in a property.

6. Laundry facilities - Any laundry facilities present must be connected to a reasonable supply of hot & cold water.

7. Structural soundness - The rented premises are to be structurally sound and weatherproof.

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

9. Electrical safety - On and from 1st July 2022 in relation to electrical safety, all power outlets & lighting circuits are to be connected to a switchboard circuit breaker that complies with prescribed electrical standards.

10. Window coverings - On and from 1 July 2021 each window in a room that is likely to be used as a bedroom or living area is to be fitted with a curtain or blind that can be opened or closed to reasonably block out light and provide privacy.

11. Windows - All external windows which are capable of opening must be able to be set in a closed or open position and have functioning latches to secure against entry.

12. Lighting - Interior rooms corridors and hallways are to have access to light whether natural or artificial to provide a level of illuminance appropriate to the function or use of these rooms.

13. Heating

1) On and from 1st July 2020 a fixed heater in good working order is to be installed in the main living area of a Class 2 building i.e. apartment buildings

2) On and from 1st July 2020 a fixed heater in good working order is to be installed in the main living area of a Class 1 building i.e. single standalone single house terrace house, row houses or townhouses. If a fixed heater is not installed on or by 1 July 2020 an energy-efficient fixed heater which is not fuelled by LPG is to be installed.

3) On and from 1st July 2022 an energy-efficient fixed heater in good working order is to be installed (not after July 2020) in the main living area of a Class 1 building and the energy-efficient heater is not to be fuelled by LPG.

4) On or before 1st Jul 2023 A Class 1 Building is to have an energy fixed heater in the main living area that is not fuelled by LPG

Definition of energy-efficient

1. A non-ducted air conditioner or heat pump with a 2 star or above heating rating

2. A gas space heater with a 2 star or above heating rating

3. A ducted heating or hydronic heating system which has an outlet in the main living area

4. A slow combustion wood heater

Note: No electric heaters are meet the above criteria under the new regulations

Safety-related activities

1. Electrical safety activities – compulsory check of all electrical installations, fittings and appliances provided by the rental provider – the landlord every 2 years

2. Gas Safety activities – compulsory gas safety check of all gas appliances every 2 years

3. Smoke alarm activities – smoke alarms checked and tested every 12 months.

4. Carbon monoxide alarm safety activities – If the premises contains carbon monoxide alarms they are to be checked and at least tested every 2 years

5. Pool fence safety activities – pool fence to be in good repair and meet recent new standards introduced

6. Bushfire prone area activities – only relates if the rented premises is in a bushfire prone area and required to have a water tank for bushfire safety

Non-compliance with minimum standards

Rental Providers (the landlord) must ensure that the property complies with minimum standards before a Renter moves in. If a property does not comply with the minimum standards, the Renter can terminate the rental agreement before they move in, or they can request an urgent repair.

Expanded definition for urgent repairs

Urgent repairs now include repairs or replacements relating to air conditioning, safety devices and any fault or damage which makes the property unsafe or insecure, including pest infestations, or mould or damp caused by or related to the building structure.