The Law Handbook 2024

Chapter 6.1: Tenancy 487 There are rental minimum standards regarding locks, bins, toilets, bathrooms, kitchens, laundries, structural soundness, mould and dampness, electrical safety, window coverings, lighting, ventilation and heating (s 65A RT Act; reg 29, sch 4). If a property is heritage listed, the rental provider may not have tomeet some of the minimum standards. For further details about the rental minimumstandards, see Tenants Victoria’s website (www.tenantsvic.org.au/ advice/starting-your-tenancy/minimum-standards) . Safety requirements Renter’s responsibilities It is a renter’s duty, or responsibility, to not remove, deactivate or interfere with any of the prescribed ‘safety devices’ located at a rental property, unless it is reasonable to do so (s 63A RT Act; reg 25). Renters should notify rental providers (in writing) of safety devices that need repairs or maintenance (ss 62, 72AA RT Act). Anything that makes the property unsafe or unsecure must be treated by the rental provider as an urgent repair (s 3). There are several responsibilities that apply if a renter entered into an agreement from 29 March 2021. These are included in CAV’s new standard form rental agreements. A renter must give the rental provider written notice as soon as possible if a smoke alarm or a swimming pool barrier is not working (s 27C RT Act; sch 3 regs). If a renter wants to erect a relocatable pool, they must first give the rental provider written notice and get all necessary approvals (s 27C; sch 3 regs). Rental provider’s responsibilities From 29 March 2021, before a renter signs a new rental agreement, the rental provider must tell them the date of the last gas and electrical safety checks and any outstanding recommendations. The rental provider must also tell the renter the date of the last pool-compliance check (s 30D RT Act; reg 16). There are several safety related duties, or responsibilities, that a rental providersmust undertake if a rental agreement started from 29 March 2021 (s 27C RT Act; sch 3 regs). These are included in CAV’s new standard form rental agreements. Gas and electricity safety checks must be carried out every two years by a licenced/registered gas fitter or electrician (s 27C RT Act; sch 3 regs). A rental provider must keep records of these checks and give the renter a copy of the latest check within seven days, if the renter has requested this in writing (s 68B; reg 30). Any failure to keep the required safety check records, or to not give the renter a copy of the checks, is a breach of duty (s 68B). If gas and electrical safety checks have not been completed in the last two years, they must be done immediately (s 27C; sch 3 regs). A rental provider must ensure that smoke alarms are correctly installed and working, batteries are working, and the alarms are tested every 12 months. If a smoke alarm is not working, it must be fixed immediately as an urgent repair. At the start of a rental agreement, the rental provider must give the renter written information about how the smoke alarms works, how to test them, and instructions not to interfere with them (s 27C RT Act; sch 3 regs). The barrier for any swimming pool on the property must be installed and in working order and fixed immediately as an urgent repair if it is not in working order (s 27C RT Act; sch 3 regs). Pools are required to be registered with the local council and barriers must be inspected every four years. For more information, see the Victorian Building Authority’s website (www.vba.vic.gov.au/consumers/swimming- pools/inspections-and-compliance) . If a property is in a bushfire-prone area and requires a water tank for safety, the tank and its connections must be in good repair. The tank must be full and clean at the start of the rental agreement (s 27C RT Act; sch 3 regs). Locks and security Urgent repairs are defined to include ‘any fault or damage that makes the premises insecure’ (s 3 RT Act). The rental minimum standards – which apply if the renter moved into a new property from 29 March 2021 – also have requirements for door locks and window locks or latches. All external entry doors (other than screen doors) that cannot be secured with a functioning deadlock must be fitted with a lock that is operated by a key from the outside and can be unlocked from the inside without a key. This is to prevent people being trapped inside in the event of a fire. Exceptions apply in limited circumstances (sch 4 RT Regulations). All external windows that can be opened must have a functioning lock or latch to secure the windows against external entry (sch 4 RT Regulations). Any