Minimum rental housing standards come into effect this year

Minimum rental housing standards come into effect this year

Over the past few years, the legislation that governs Queensland’s rental market has been amended to improve safety, security, and certainty for renters and landlords alike.

The Housing Legislation Amendment Act 2021 (HLA Act) included a number of staged rental law reforms.

According to the Residential Tenancies Authority (RTA) the three reform stages are:

• The first phase, which commenced immediately on 20 October 2021, introduced greater domestic and family violence protections for tenants and residents.
• The second phase, which includes legislation changes around renting with pets, ending a tenancy and repair orders, started on 1 October 2022.
• The final phase of changes introducing minimum housing standards will come into effect in 2023–24. 

The final phase is minimum housing standards for new tenancy arrangements that commence from 1 September 2023 and for all tenancies from 1 September 2024.

What has changed?

The start of the final phase of reforms included strengthened repair and maintenance obligations that commenced on 1 October 2022 to support the staggered introduction of minimum housing standards from 1 September this year.

Tenants now have seven days to complete and return the entry condition report, and tenants and property managers can authorise emergency repairs up to the equivalent of four weeks’ rent.

However, minimum housing standards will apply to new leases entered into from 1 September this year and all tenancies from 1 September 2024.

It’s important to recognise that rental properties must legally be habitable and safe for tenants, and we always thoroughly inspect every new rental property that we are considering managing.

If there are any maintenance or repairs required, we ensure these are completed well before we take on the new management or it is made available for lease to tenants.

The new legislation provides further confidence to tenants that their rental property is safe, secure, and functional through the prescribed minimum housing standards, which, according to the RTA, require:

• the premises to be weatherproof and structurally sound
• fixtures and fittings to be in good repair and not likely to cause injury to a person
• locks on windows and doors
• the premises are to be free of vermin, dampness, and mould
• privacy coverings
• adequate plumbing and drainage
• functioning kitchen and laundry facilities (where supplied).

Industry perspective

The wider industry supports reforms that are balanced and provide equal safeguards for both tenants and landlords.

According to REIQ CEO Antonia Mercorella, the final phase of the rental reforms is an extension of Section 1 85 of the Residential Tenancies Act, which states a property needs to be in good working order before it can be inhabited.

“These are all very reasonable standards, and I think they clarify that it shouldn’t be lawful to rent out a property that doesn’t meet these conditions,” Ms Mercorella says.

“This is a great one for tenant security and deals with the landlords out there who are leasing properties that aren’t fit for human habitation.”