In this blog we explain what landlords and rental managers need to do in preparation for the new minimum housing standards laws coming 01 September 2024!
This video/blog is great for anyone who wants to know what they need to do to ensure their rental property is compliant with the new laws, starting 01 September 2024. From securing windows & doors, to running water, flushable toilets and privacy coverings, we dive into what you need to know.
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Hi everybody - George Sourris, Empire Legal.
Today's topic: NEW Minimum Housing Standards - going live for ALL Queensland properties from 01 of September 2024.
But George, this is old news, this came into effect on 01 September 2023?!
Correct, however that was only for NEW tenancies since 01 September 2023. As at 01 September 2024, ALL tenancies must comply with the NEW Minimum Housing Standards.
Minimum Housing Standards aim to ensure all Queensland rental properties are safe, secure and functional.
The new standards apply to all types of tenancies - including general tenancies, moveable dwellings, and rooming accommodation agreements.
We did a blog on this last year (see here), however, given at the time of publsihing this blog, landlords only have just over 15 weeks left to get their rentals compliant - we thought it would be the perfect time to spotlight this topic again.
Minimum Housing Standards specify that rental properties must:
- be weatherproof and structurally sound;
- be in good repair with fixtures and fittings, such as electrical appliances, that are not 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 vermin, damp or mould has been caused by the tenant;
- includes curtain or other window coverings which provide privacy in rooms where the tenant might reasonably expect it, such as bedrooms;
- have adequate plumbing and drainage and be connected to hot and cold water that is suitable for drinking;
- provide privacy in bathroom areas that have flushable toilets connected to a sewer, septic tank or other disposal system;
- have a functional cooktop if a kitchen is provided; and
- include the necessary fixtures for a functional laundry such as tap fixtures, adequate plumbing ( if laundry facilities are provided). The laundry does not include a washing machine or other white goods as these may be provided by the tenant.
So, if you have a rental property and it does not meet the minimum rental requirements, you have 15 weeks left to get it all sorted.
Keep in mind that once Minimum Housing Standards come into effect on 1 September 2024, repairs that are required to make the rental property comply with Minimum Housing Standards are classified as "emergency repairs".
If a property does not meet Minimum Housing Standards, there are a wide range of options available to the tenant including -
1. Moving out of the property within the first 7 days;
2. The tenant applying to QCAT for a termination order within the first 3 months for misrepresentation;
3. The tenant requesting emergency repairs;
4. The tenant applying to QCAT for a repair order; or
5. The tenant applying to QCAT for free RTA dispute resolution about making repairs.
For a full list, please visit this link to the RTA website. Please note - the options are different between a general tenancy, a rooming accommodation agreement, and body corporate properties. For body corporate properties, not only does it need to comply with Minimum Housing Standards, but also with the body corporate by-laws of the building.
Two quick FAQs:
1) Will all external doors and windows need locks or latches for the property to meet Minimum Housing Standards?
To meet Minimum Housing Standards, all external windows and doors of the property will need to have a functioning lock or latch to secure the premise against unauthorized entry. This applies only to windows and doors 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 to ensure the rental property is secure and that reasonable measures have been taken to meet safety and security requirements under the legislation.
2) What does "weatherproof" and "structurally sound" mean?
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, the ceiling and the roof must be in good condition. They must not be likely to collapse or to be affected by significant dampness. Decks and stairs must also be safe and not affected by rot or defects.
Ladies and gentlemen, if you are a landlord and you have a Queensland property that does not meet Minimum Housing Standards, ACT NOW!
If you don't, your rental manager may need to authorise emergency repairs to bring the property up to the required standards to comply with the new laws. If you do it now, you can choose your own tradespeople and likely save yourself unnecessary spending.
If you want to learn more, I encourage you to jump on the Residential Tenancies Authority (RTA) website. The RTA has explainer videos and further supporting information to explain this topic in more detail.
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George Sourris. Empire Legal.
If you have any questions, you can email me: george@empirelegal.com.au.
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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, Brisbane, 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.