Property Management

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Domain Real Estate - Quick Guide to Minimum Standard Changed to Residential, and Safety Check, Urgent Repairs $2500, Tenancy Act from 29th March 2021

Door locks

• All external entry doors to the rented premises which are not able to be secured with a functioning deadlock, other than any screen door attached to an external door, must at least be fitted with a locking device that:

• is operated by a key from the outside and

• may be locked from the inside with or without a key

• This does not apply to a front door that opens to common property (e.g. entrance to an apartment building)

• This does not apply if the property is a registered place and a request for a permit to comply with this standard has been refused under the Heritage Act 2017.

Ventilation

• Must be supplied by local council and compliant with council regulations.

Vermin proof bins

• Must be supplied by local council and compliant with council regulations.

Toilets

• Rented premises must contain a toilet in working order

• connected to an appropriate waste system

• must be in a room or structure intended to be used as a toilet area.

Bathroom facilities

• Reasonable hot and cold water supply

• washbasin, shower/bath

• minimum 3 star rated showerheads.

Kitchen facilities

• Dedicated food preparation area

• sink with hot and cold water

• if there is an oven it must be in working order

• stovetop in good working order that has two or more burners

• this does not apply if the property is a registered place and a request for a permit to comply with this standard has been refused under the Heritage Act 2017.

Laundry facilities

• If provided, must be connected to a reasonable amount of hot and cold water.

Structural soundness

• Rented premises to be structurally sound and weatherproof.

Mould and dampness

• Each room free from mould and damp caused by the building structure.

Electrical safety

• Must have electrical safety switches installed from 29 March 2023.

Window coverings

• All windows in bedrooms and living area must have coverings that can block light and provide privacy from 29 March 2022.

Windows

• External windows that can be opened must be able to be set in open/closed position

• if there are no locks there must be latches to secure against external entry.

Lighting

• Interior rooms and corridors must have appropriate access to light, it can be natural or artificial

• Any habitable rooms (such as a bedroom, living room or study) must have access to natural light and artificial light.

Heating

• Phased approach to reforms – over a 3 year period

• On and from 29 March 2021, a fixed heater in the main living area will be required for all rented premises including Class 1 properties (attached and detached houses) and Class 2 properties (multi-unit residential buildings)

• If a fixed heater in the main living area has not been installed, an energy efficient heater (2 star minimum) must be installed

• From 29 March 2023, an energy efficient fixed heater (minimum 2 star rated) in the main living area will be required for all rented premises

• If the rental property is in a class 2 building (apartment block) and it is not feasible to install an energy efficient heater, (e.g. due to Owner’s Corporation rules or excessive costs), then the energy efficiency requirement does not apply, but a fixed heater is still required.

When will these standards begin to apply?

The minimum standards will be phased in and will only apply when a new residential rental agreement begins on or after 29 March 2021.

What if the rental property doesn’t meet the minimum standards?

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.

Residential rental providers have certain responsibilities for gas and electrical safety.

Guide for rental providers - Gas and electricity safety checks

Rental providers who enter into a new agreement on or after 29 March 2021, or have a fixed term agreement of more than five years which rolls over into a periodic tenancy on or after 29 March 2021, must undertake gas and electricity safety checks.

Gas safety check

The rental provider must ensure that a gas safety check of all gas installations and fittings on the premises is conducted every two years by a licensed or registered gasfitter who is endorsed to service Type A gas appliances. If requested, they must also provide the renter with the date of the most recent safety check in writing.

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.

Finding a licensed gas fitter

• A licensed gas fitter is a plumber who has extra qualifications to complete gas work safely, and is registered with the Victorian Building Authority.

• You can find licensed gas fitters by searching online or using a directory such as the Yellow Pages.

• You should ask to see the card that says the plumber is qualified to carry out gas fitting work.

What the gas check covers (from a technical perspective)

A gas safety check means:

a) the following gas installation checks -

1. that LPG cylinders and associated gas components are installed correctly;

2. that appliance gas isolation valves are installed where required by AS/NZS 5601.1 "Gas installations", as published or amended from time to time;

3. that gas appliances and their components are accessible for servicing and adjustment;

4. that the gas installation is electrically safe;

5. that clearances from appliances to combustible surfaces are in accordance with installation instructions and AS/NZS5601.1 "Gas installations", as published or amended from time to time;

6. that there is adequate ventilation for appliances to operate safely;

7. that gas appliances (including cookers) are adequately restrained from tipping over;

8. checking the condition of gas appliance flue systems, including chimneys

9. checking gas appliances for evidence of certification; and

(b) testing gas installations for leakage; and

(c) servicing gas appliances as follows -

1. a clean of all dust and debris from appliances including burner, pilot, fan, filters and air intakes;

2. a check of the integrity of the heat exchanger;

3. a check of the gas supply and appliance operating pressures;

4. a check that the gas appliance burner ignition is reliable and complete;

5. a check for any gas appliance flame abnormality;

6. a check of the operation of the gas appliance, including safety devices;

7. a combustion spillage test in accordance with Appendix F of AS4575 "Gas appliances— Servicing of Type A appliances", as published or amended from time to time, after service or repair of the heater.

Evidence of gas safety check

The gas fitter should provide a record of the gas safety check. The document must include:

• the full name and business details, including the licence or registration number, of the gas fitter who did the check

• the date the safety check was conducted

• the results of the check, including any servicing and repairs required and actions taken to address the repair.

Record keeping

Your record of a gas safety check can be either of the following:

• a compliance certificate (if applicable)

• a document from the licensed gas fitter who carried out the safety check.

If you have further gas work carried out after the check, you must also keep the compliance certificate or tax invoice relating to that work.

You must keep the records, including details of the licensed gasfitter, until a record of the next safety check is created.

A copy of the most recent gas safety check must be provided to the renter within seven days after the rental provider receives a written request from the renter.

Electrical safety check

Rental providers must ensure that an electrical safety check of all electrical installations and fittings in the premises (in accordance with section 4 of AS/NZS 3019 "Electrical installations—Periodic verification") is conducted every two years by a licensed electrician that is employed by a Registered Electrical Contractor or a Registered Electrical Contractor. If requested, they must also provide the renter with the date of the most recent safety check, in writing.

If an electrical safety check has not been conducted within the last two years at the time the renter occupies the premises, the residential rental provider must arrange an electrical safety check as soon as practicable.

If the safety check shows that electrical repairs are needed to make the property safe, a rental provider should hire a Registered Electrical Contractor to do the repair work.

Finding a licensed electrician

• A Registered Electrical Contractor employs Electricians that are licensed through Energy Safe Victoria.

• You should ensure that the Registered Electrical Contractor you hire has public liability insurance. Public liability insurance will cover damage if an electrician causes any damage to the property or other people.

• Registered Electrical Contractors are required to hold public liability insurance which will cover their business and any licensed electricians working for them.

• You can find a Registered Electrical Contractor by searching the web or by visiting the Energy Safe Victoria website.

• You should ask to see the card that provides their electrical licence details.

If you need repairs done after the electrical safety check, you will need to hire a Registered Electrical Contractor. A certificate of Electrical Safety must be completed for any repairs performed on the electrical installation.

Evidence of electrical safety checks

The electrician should provide a record of the electrical safety check, which must include:

• the full name and business details, including the licence or registration number, of the electrician who did the check

• the date of the safety check

• the results of the check, including any repairs that were required and actions taken to address the repair

• confirmation that all installations and fittings have been checked and found safe

Record keeping

A record of an electrical safety check may be any of the following:

• a compliance certificate

• a document from the electrician

• an ‘’Electrical Installation audit report’

A record of the most recent electrical safety check must be kept until a record of the next safety check is created.

A copy of the most recent gas safety check must be provided to the renter within seven days after the rental provider receives a written request from the renter.

Energy Safe Victoria is currently developing further guidance on gas and electrical safety checks, which will be made available shortly.

Urgent repairs

The monetary limit on what renters can expend on urgent repairs will be $2,500 from 29 March 2021. Rental providers (landlords) must pay renters back for urgent repairs within seven days of them claiming the cost of repairs