In this blog we explain in under 5 minutes the MINIMUM HOUSING STANDARDS for QLD tenanted properties! If you are a landlord, a tenant, or a selling agent - have a read/listen/watch and upskill yourself!

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Hi everybody - George Sourris, Empire Legal.

Today's topic: QLD Rental Laws - Minimum Housing Standards.

Hey everybody, George Sourris from Empire Legal. This is our last blog for 2023. Thanks to everybody who's subscribed, followed along, and shared with a friend.

This week, we're going to wrap up the year with Minimum Housing Standards.  

Minimum Housing Standards aim to ensure all Queensland rental properties are safe, secure, and functional.

These standards came into effect for new tenancies from 01 September 2023, meaning that if a tenancy agreement is signed or renewed (that's important) from this date, the property must meet Minimum Housing Standards. These standards will come into effect for all remaining tenancies on 01 of September 2024.

So, landlords with dilapidated buildings or rundown buildings that don't meet these standards - you have got until 01 September 2024 to pull up your socks and get your property compliant! These new standards apply to all types of tenancies, including general tenancies, movable dwellings, and rooming accommodation agreements. This information can be found on the RTA website.

Okay, so what are the Minimum Housing Standards?

Rental properties must:

• be weatherproof and structurally sound;
• be in good repair with fixtures and fittings, such as electrical appliances that aren't likely to cause injury through normal use;
• have functioning locks or latches on all external doors and windows that can be reached without a ladder;
• be free from vermin, damp and mould. This does not include cases where the vermin, damp or mould has been caused by the tenant.
• include curtains or other window coverings which provide privacy in rooms where the tenant might reasonably expect it, such as bedrooms; and
• have adequate plumbing and drainage and be connected to hot and cold water that is suitable for drinking.
• provide privacy in bathroom areas and have flushable toilets connected to a sewer, septic tank or other waste disposal system;
• have a functional cooktop (if a kitchen is provided);
• include the necessary fixtures for a functional laundry, such as tap fixtures and adequate plumbing (if laundry facilities are provided). The laundry does not have to include a washing machine or other white goods -as they may be provided by the tenant.
  
  

  Responsibilities around Minimum Housing Standards.

  It's the property manager's or owners responsibility to ensure that the property meets Minimum Housing Standards at the start of the tenancy. If a maintenance issue occurs during the tenancy,  this means the tenancy no longer complies with Minimum Housing Standards. 

  It's the tenant's responsibility to make every effort to inform the property manager or owner or the nominated emergency repair contact (who will be listed on the tenancy agreement) about the issue.

  It is the property manager or owner's responsibility to ensure repairs are made in a timely manner.

  Repairs required to make the property meet Minimum Housing Standards are classified as "emergency repairs" and the emergency repair process should be followed. This link is here.

  If a property does not meet Minimum Housing Standards, the tenants have a range of options if they believe the rental property doesn't meet the standards when they first move in or during the tenancy agreement.

  The available options are different for rooming accommodation and general tenancies. 

  If a rental property is in a body corporate, it will need to comply with BOTH the Minimum Housing Standards AND the body corporate bylaws. There may be some instances where repairs to ensure a property complies with Minimum Housing Standards are the responsibility of the body corporate.

  Okay, now a couple of final things -

  Privacy coverings - they must be provided in rooms where the tenant might reasonably expect it, such as bedrooms. Privacy coverings can include blinds, curtains, tinted windows, glass frosting. Privacy coverings are not required for windows which are blocked out from view by a tree, fence, hedge or other features of a property.

  To meet Minimum Housing Standards, all external windows and doors at a property will  need to have functioning locks or latches to secure the premise against unauthorised entry. This applies only to windows and doors that a person outside the premises or room (for rooming accommodation) could access without a ladder. 

  Each property should be assessed on a case-by-case basis, with the main focus being the rental property being secured and reasonable measures have been taken to meet the safety and security requirements under legislation.

  "Weatherproof" means the roofing or windows must prevent water from entering the premises when it rains. 

  "Structurally sound" means the building must be safe for the tenant to live in. The walls, ceilings and roof must be in good condition. They must not be likely to collapse or be affected by significant dampness. Decks and stairs must also be safe and not affected by rot or defects. 

  Okay guys, so again, this one's great if you are a selling agent and you've either got existing landlords looking to sell, or your new buyer is going to be a landlord, you'll be armed with the information that you need to make sure you know what you're talking about for these new laws that are already in play and that are going to be mandatory for 1st of September next year.

  Special shout out to Josh Taylor from our Gold Coast office for this blog suggestion.

Thank you for a great year and we'll see you in 2024!

Get in touch with us. Jump on our Instagram, our Facebook, our website.

George Souris. Empire Legal.

If you have any questions, you can email me: george@empirelegal.com.au. 

If this has added value, please share this blog / the YouTube video with a friend. 

Thanks for reading everybody. See you on the next one.

Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Gold Coast, Queensland, Australia.

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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.