Minimum Housing Standards Have Commenced!

New rules around minimum housing standards for new and renewed tenancies have come into effect as of 1st September, 2023, and will apply to all tenancies from 1st September 2024. 

This new legislation contains some standards that you may find alarming, particularly for properties built before 1970 and single story properties. A few notable examples are:

• All external windows accessible without a ladder must have a functioning lock or latch.
• All windows (regardless of property age) must have flyscreens.
• Properties with mould of any type, including old mould, cannot be rented.
• Windows where the tenant expects reasonable privacy, must have blinds, curtains, or privacy glass.
• Reasonable plumbing functionality, such as hot water system size relative to the number of occupants.
• Reasonable cooking functionality, such as every hotplate on a cooktop working, not just 3 out of 4.

Furthermore, one of the key elements of these new standards are that it’s what the tenant finds reasonable. If the tenant believes a property doesn’t meet these new minimum requirements then they may terminate the tenancy and vacate, if it’s within the first 7 days of a new tenancy. Or for existing tenancies, tenants can issue a breach notice for the problem to be addressed within 7 days, to a standard that the tenant deems reasonable, and if this isn’t done, the tenant has grounds to terminate the lease and vacate the premises, or to action a repair themselves under “emergency repairs’, which means tenants can arrange their own repairs up to the cost of 4 weeks rent.

WHAT’S THE INTENTION OF THESE NEW STANDARDS?

These standards aim to ensure rental properties are safe, secure and functional and provide tenants, residents, property managers and owners with greater clarity about the requirements and the maintenance obligations that must be met for a property to be rented in Queensland. Once these standards come into effect, a landlord is obligated to keep the repair and condition of the property in line with these standards. Take note: The minimum housing standards will apply to all types of tenancy arrangements, including general tenancies, rooming accommodation and moveable dwellings, so make sure you have all the knowledge you need.

SO WHAT ARE THE MANDATED MINIMUM HOUSING STANDARDS?

The Residential Tenancies and Rooming Accommodation Regulation 2009 (RTRA Regulation)’s schedule 5A lists the required basic housing standards, which are broken down into two categories: safety and security and reasonable functionality.

PART 1 – SAFETY AND SECURITY

1. Weatherproof and structurally sound – The premises must be both in good condition, weatherproof and structurally sound. If the roofing or windows of the premises do not keep out water when it rains, this means that the premises are not weatherproof.
2. Fixtures and fittings – The facilities’ fixtures and fittings, including the electrical equipment, need to be in good condition and must not be liable to harm a person through ordinary use.
3. Locks on windows and doors – To prevent unauthorised entry, the premises must have functional locks or latches installed on all external windows and doors. This only applies to windows and doors that are accessible from outside the property without the use of a ladder.
4. Vermin, damp and mould – The premises must be free from vermin, damp and mould. However, this does not include cases where the vermin, damp or mould has been caused by the tenant/resident, including, for example, caused by a failure of the tenant to use an exhaust fan installed at the premises.
5. Privacy – The premises must provide privacy coverings for windows in all rooms in which tenants or residents are reasonably likely to expect privacy, including, for example, bedrooms.  However, this does not apply to a window if a line of sight between a person outside the premises and a person inside the room is obstructed by a fence, hedge, tree or other feature of the property. Privacy coverings 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 living in the property, and be connected to a water supply service or other infrastructure that supplies hot and cold water which is suitable for drinking.
2. Bathrooms and toilets – The premises must have privacy in bathroom areas and have functioning and flushable toilets connected to a sewer, septic tank or other waste disposal system.
3. Kitchen – If provided, the kitchen must have a functioning cook-top.
4. Laundry – A laundry, if included, must include the necessary fixtures for a functional laundry, other than white goods.

Property managers should be aware that increased rent is not payable by a tenant if it relates to compliance of the premises or inclusions with the mandated minimum housing standards when speaking with landlord clients about mandated minimum housing requirements.

If the proposed rent increase pertains to the mandated minimum housing standards, the tenant may apply to the Queensland Civil and Administrative Tribunal (the Tribunal) for an order reducing the proposed rent increase or setting it aside.

WHAT ARE SOME OTHER IMPLICATIONS FOR NON-COMPLIANCE WITH THE MINIMUM HOUSING STANDARDS BY THE UPCOMING DEADLINE?

As stated above, the landlord shall, at the commencement of the tenancy and during the tenancy, ensure that the premises and inclusions meet with any required minimum housing standards pursuant to section 185 of the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act).

Furthermore, if a landlord doesn’t meet the required minimum housing requirements by the upcoming deadline, the tenant may take legal action against the landlord for violating the terms of the tenancy.

In the event that this breach is not corrected, the tenant may give the landlord notice of their decision to vacate and terminate the tenancy by giving them vacant possession on or after the handover day.

Alternatively, the tenant may file an application with the Tribunal according to Section 191 of the RTRA Act to request an order compelling the landlord to repair the violation of Section 185 and make sure the premises and inclusions meet any applicable Minimum Housing Standards.

Recent changes have also been made to the definition of “Emergency Repairs” under section 214 of the RTRA Act to include tasks required to bring the premises or inclusions up to the mandated minimum housing standards.

If the tenant is unable to notify the landlord or designated repairer of the need for emergency repairs or the repairs are not made within a reasonable amount of time, tenants are within their rights to take advantage of s 218 of the RTRA Act and arrange for works that are necessary for the premises or inclusions to comply with the mandated minimum housing standards.

If this happens, the renter is able to organise emergency repairs to be made to the property up to a maximum amount equal to four weeks’ worth of rent under their tenancy agreement.

On the other hand, the tenant may submit a request for a repair order under section 221 of the RTRA Act to the Tribunal. If the Tribunal issues a repair order, failing to follow it is illegal unless there is a valid excuse for doing so.

CONCLUSION

By this point, best practice agencies should be fully aware of which rental properties in their portfolio meet the mandated minimum housing requirements, and which properties may require further improvements to meet these new standards.

Given the situation, instructions from landlords should be sought before hiring the right professionals to carry out the necessary actions to meet the required minimum housing standards by the applicable deadlines. Having an investment property not meeting the new requirements does carry a significant risk to landlords under this new legislation.

Does your rental property comply with the new minimum housing standards?