New Rental Laws March 2021
New residential rental laws come into effect in Victoria on 29 March 2021, and the COVID rent relief provisions will come to an end.
Under the new law’s landlords are referred to as ‘rental providers’ and tenants as ‘renters’. Rental providers now must provide a specific reason for giving a Notice to Vacate, whereas previously, they could provide a renter with 120 days’ notice with no specified reason.
The laws also allow renters to make some modifications to the property without the rental provider’s consent. Amongst other things, renters will be able to install picture hooks, LED globes and wall anchoring devices to secure furniture and child safety gates without permission. Additionally, rental providers must not unreasonably withhold their consent to keeping a pet or a request for modifications such as painting and planting vegetable gardens.
Urgent repairs now include repairs to, or replacement of, air conditioning, safety devices and damage that makes the property unsafe such as pest infestations. If a rental provider fails to promptly respond to a request for urgent repairs, the renter may have the repairs completed if the total cost of the repairs does not exceed $2,500. The rental provider must then reimburse the renter within 7 days.
The new laws also include a list of Rental Minimum Standards that rental providers must comply with and relate to items such as locks, toilets, bathroom, kitchen and laundry facilities, structural soundness, mould and dampness, electrical safety, windows and window coverings, lighting, ventilation and heating.
Some of the Standards come into effect in 2022 and 2023. A full list of the Standards is below:-
(1) 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—
(a) is operated by a key from the outside; and
(b) may be unlocked from the inside with or without a key.
(2) Subclause (1) does not apply—
(a) to a public lobby door that opens to common property; or
(b) 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 5 of the Heritage Act 2017.
A rubbish bin and a recycling bin are to be supplied for use by the renter of the rented premises which are—
(a) provided by the local council; or
(b) vermin proof and compatible with local council collection.
The rented premises are to contain a toilet that is—
(a) in good working order, connected to—
(i) a reticulated sewerage system; or
(ii) a 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.
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(1)(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.
(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;
(c) a cooktop in good working order that has 2 or more burners.
(2) Subclause (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 5 of the Heritage Act 2017.
(3) Any oven at the rented premises must be in good working order.
Any laundry facilities present in the rented premises must be connected to a reasonable supply of hot and cold water.
The rented premises are to be structurally sound and weatherproof.
Each room in the rented premises must be free from mould and damp caused by or related to the building structure.
On and from 29 March 2023, 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 overcurrent protection for household and similar uses (RCBOs): Part 1: General rules”, as published from time to time; or
(iii) AS/NZS 61009.1, “Residual current operated circuit-breakers with integral overcurrent protection for household and similar uses (RCCBs) Part 1: General rules”, as published from time to time.
On and from 29 March 2022, 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.
(1) All external windows in the rented premises that are capable of opening must be able to be set in a closed or open position.
(2) All external windows in the rented premises which are capable of opening must have a functioning latch to secure the windows against external entry.
Note
A window lock or bolt will meet the minimum standard referred to in subclause (2).
(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) Subclauses (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 5 of the Heritage Act 2017.
(1) If the rented premises is a Class 1 building, each habitable room, bathroom, shower room, toilet and laundry must have ventilation satisfying Performance Requirement P2.4.5 of the BCA Volume Two, or the Acceptable Construction Practice in Part 3.8.5 of the BCA Volume Two.
(2) If the rented premises is within a Class 2 building, each habitable room, bathroom, shower room, toilet and laundry must have ventilation satisfying Performance Requirements FP4.3, FP4.4 and FP4.5 of the BCA Volume One, or the Deemed‑to-Satisfy Provisions requirements in F4.5, F4.6 and F4.7 of the BCA Volume One.
(1) On and from 29 March 2021 until 28 March 2023, in relation to heating in a Class 1 building—
(a) a fixed heater in good working order is to be in the main living area of the rented premises; or
(b) if a fixed heater has not been installed in the main living area of the rented premises on or by 29 March 2021, an energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises.
(2) On and from 29 March 2021 until 28 March 2023, in relation to heating in a Class 2 building—
(a) a fixed heater in good working order is to be in the main living area of the rented premises; or
(b) if a fixed heater has not been installed in the main living area of the rented premises on or by 29 March 2021, an energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises unless it would be unreasonable to install an energy efficient fixed heater.
(3) On and from 29 March 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.
(4) On and from 29 March 2023, in relation to heating in a Class 2 building—
(a) an energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises unless it is unreasonable to install an energy efficient fixed heater; or
(b) if it is unreasonable to install an energy efficient fixed heater in the main living area of the rented premises, a fixed heater in good working order is to be installed in the main living area of the rented premises.
(5) For the purposes of subregulations (2)(b) and (4) it would be unreasonable to install an energy efficient fixed heater if—
- the cost of installation would be significantly higher than the average price of installation in a Class 2 building; or
- owners corporation rules prohibit installation of the appliance; or
- compliance with any other Act or local law makes the cost of installation prohibitive.
(6) 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
(c) a ducted heating or hydronic heating system which has an outlet in the main living area of the rented premises; or
(d) a domestic solid fuel burning appliance;
fixed heater means a heater that is not designed or manufactured to be portable