Minimum standards: don’t let your rental property be a ‘house of horror’!
Flickering lights, pest infestations, leaking roofs… does this sound like a scene from a horror film?
Sadly, some tenants do find themselves in rental properties that would send a shiver down anyone’s spine (and they aren’t properties in our care we hasten to add!).
Under the Residential Tenancies Act of 2010, landlords have an obligation to provide rental properties that are in a reasonable state of cleanliness and fit for the tenant to live in.
With Halloween upon us, we thought we’d take a look at the legislation around minimum standards, which is designed to ensure tenants have a safe and comfortable home, rather than a house of horror.
Minimum Standards
As of 1 October 2022, the minimum housing standards were etched into legal stone through the Residential Tenancies Regulation 2019. This regulation reveals the mandatory requirements that deliver renters from a frightful living condition into a realm of safety and comfort.
To be fit to live in, the property must, at a minimum:
- be structurally sound
- have adequate natural or artificial lighting in each room, except storage rooms or garages
- have adequate ventilation
- be supplied with electricity or gas, and have enough electricity or gas sockets for lighting, heating and other appliances
- have adequate plumbing and drainage
- have a water connection that can supply hot and cold water for drinking, washing and cleaning
- have bathroom facilities, including toilet and washing facilities that allow users’ privacy.
In addition, landlords need to ensure that smoke alarms installed in the rented property are in working order. A penalty applies for landlords who fail to comply.
Other issues
Even if a property does meet the above seven minimum standards, it could have other issues that may make it unfit for a tenant to live in, such as pest infestations. As part of a landlord’s responsibility to provide a reasonably clean property that is fit for the tenant to live in, landlords are responsible for removing any pest and vermin that occur at the start of the tenancy.
However, tenants have the responsibility for getting rid of pests and vermin if it arises after they have moved in, and if it was caused by their activities or lack of cleanliness. For instance, if the tenant has not removed rubbish which is attracting cockroaches, ants or mice.
What happens if my property doesn’t meet minimum standards?
If a property does not meet minimum standards before or on the date a tenant moves in, tenants can end their lease before moving in or they can request an urgent repair.
Landlords also need to consider the impact of not meeting minimum standards on their insurance; if the property doesn’t meet the required building, health and safety standards, it can mean a reduced pay-out or denial of an insurance claim.
For instance, if a person injures themselves from falling into a pool that is not fenced in line with regulations, the liability claim is likely to get knocked back by an insurer because safeguards were not in place to maintain the property and keep the tenant safe.
Find out more about minimum standards on the NSW Government website here.
Using a property manager keeps you legal
Our team regularly attend industry training sessions so we are on top of the latest legislation and regulation; from smoke alarms requirements and pool safety to discrimination and animals, we ensure all our properties adhere to the law and we act within the law.
To ensure a property meets at least minimum standards, we carry out regular inspections. As well as looking for potential essential maintenance which needs to be carried out, we also check for any tenant activity which may result in causing pest issues too. We arrange for registered and quality tradesman to make repairs, and we also make suggestions where improvements can be made to increase rental return.
Our motto is very simple – we treat every property entrusted into our care as if it’s one of our own.
With many of our team having investment properties themselves, we always go the extra mile.
Get in touch with us now, and we tell you how our property management services can make your life easier.
With nearly 50 years of property management experience behind us, we’ve helped thousands of people realise their dreams through property and our aim is to make your life easier. Simply give us a ring on 02 4956 9777, send us an email to mail@newcastlepropertymanagement.com.au or pop into our Cardiff office for a chat.
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