Residential Tenancies Act – What is fit for habitation? (Part 2)

There are new minimum standards to clarify “What premises are fit for habitation” under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

Currently landlords are required to provide a rented property in a reasonable state of cleanliness and ‘fit for habitation”. The changes introduce 7 minimum standards which clarify what ‘fit for habitation’ means.

To be fit to live in, the property must (as a minimum):

1. Be structurally sound

2. Have adequate natural or artificial lighting in each room, except storage rooms or garages

3. Have adequate ventilation

4. Be supplied with electricity or gas, and have enough electricity or gas sockets for lighting, heating and other appliances

5. Have adequate plumbing and drainage

6. Have a water connection that can supply hot and cold water for drinking, washing and cleaning

7. Have bathroom facilities including toilet and washing facilities that allow users’ privacy

Landlords need to ensure their rented properties meet the minimum standards to be fit for habitation. Rented properties are already required to be fit for habitation and should already meet these basic standards.

The property could have other issues that may make it unfit for a tenant to live in, even if it meets the above 7 minimum standards. Before the property is rented out, the landlord or the agent should take steps (such as make repairs) to make sure the property is fit to live in.

These standards must be maintained throughout the tenancy (by making repairs).

If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.

New Form of Residential Tenancies Act (Part 1)

There’s been amendments to the Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

The purpose of the changes are to improve the tenants’ renting experience while ensuring landlords can improve management of their properties.

The aim of the changes are:-

* to assist with reducing disputes over repairs and maintenance,

* increase protection and certainty for tenants, and;

* clarify the rights and obligations of tenants and landlords.

One of these changes is a new form of Residential Tenancy Agreement and Condition report to be used for agreements entered into from 23 March 2020.

Landlords or agents will also need to sign an acknowledgment on the tenancy agreement that the landlord has read and understood the Landlord Information Statement. No signature is required on the document itself, however penalties apply if the document is not read and understood.

A new Tenant Information Statement will replace the current New Tenant Checklist that landlords/agents must give a tenant before the tenant enters into a Residential Tenancy Agreement. A landlord/agent must not make false or misleading statements or knowingly conceal certain material facts from a prospective tenant before they sign an agreement. There is now an updated list of material facts a landlord/agent must disclose to a tenant prior to entering into a tenancy agreement which I will explain in upcoming articles.

If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.