Ensuring Compliance with New Queensland Minimum Housing Standards for Rental Properties
As of 1 September 2024, all rental properties and tenancies in Queensland must comply with newly established minimum housing standards. These standards are designed to guarantee that rental properties are safe, secure, and reasonably functional. This blog post will provide an overview of these standards, the responsibilities of property owners and managers, and the steps to ensure compliance.
Understanding Minimum Housing Standards
The minimum housing standards in Queensland were introduced in two phases. Since 1 September 2023, these standards have applied to new and renewed tenancies. From 1 September 2024, they will be applicable to all existing tenancies.
The primary goal of these standards is to ensure that all rental properties meet basic requirements for safety, security, and functionality. These standards are an extension of existing legislation, which mandates that a rental property must be fit for habitation, in good repair, and comply with health and safety regulations.
Key Aspects of Minimum Housing Standards
Safety and Security
To meet the minimum housing standards, a property must:
- Be weatherproof and structurally sound, preventing water ingress through roofing or windows.
- Have floors, walls, ceilings, roofs, decks, and stairs that are not likely to collapse due to rot, defects, or significant dampness.
- Ensure all fixtures and fittings, such as electrical appliances, are in good repair and unlikely to cause injury through normal use.
- Include functioning locks or latches on all external doors and accessible windows.
- Be free from vermin, damp, and mould, except where caused by tenant actions.
- Provide privacy coverings (e.g., blinds, curtains, tinting) for windows in all rooms where privacy is reasonably expected, such as bedrooms.
Reasonable Functionality
Additionally, the property must:
- Have adequate plumbing and drainage for the number of occupants.
- Be connected to a water supply service providing hot and cold water suitable for drinking.
- Ensure privacy in bathroom areas.
- Have flushable and refillable toilets connected to appropriate waste disposal systems.
- Include a functioning cooktop if a kitchen is provided.
- Provide necessary fixtures for a functional laundry, such as tap fixtures and plumbing, if laundry facilities are included.
Options When a Property Does Not Meet Standards
If a property fails to meet these standards, tenants have several options:
- Early Termination: New tenants can end their tenancy within the first seven days if the property does not meet minimum housing standards.
- QCAT Termination Order: Tenants can apply to the Queensland Civil and Administrative Tribunal (QCAT) for a termination order within the first three months if misled about the property’s condition.
- Emergency Repairs: Tenants can request emergency repairs if the property does not comply with the standards.
- QCAT Repair Order: Tenants can make an urgent application to QCAT for a repair order if necessary repairs are not carried out in a reasonable time.
- RTA Dispute Resolution: Tenants can request free dispute resolution from the Residential Tenancies Authority (RTA) if repairs are not made.
Responsibilities of Property Managers and Owners
Property managers and owners are responsible for ensuring that rental properties comply with the prescribed minimum housing standards from the start and throughout the tenancy. They must address any issues promptly to maintain compliance and ensure tenant safety and satisfaction.
If a property fails to meet the standards due to tenant actions, the property manager or owner can issue a Notice to Remedy Breach (Form 11) and may require the tenant to pay for the necessary repairs.
Ensuring Compliance
To ensure your properties comply with the upcoming changes, it is essential to conduct a thorough inspection and make any necessary repairs or upgrades before 1 September 2024. Engaging with a professional property inspector can provide a comprehensive assessment of your property’s condition and identify any areas needing improvement.
Conclusion
The introduction of minimum housing standards in Queensland is a significant step towards ensuring all rental properties are safe, secure, and functional. Property managers and owners must take proactive steps to meet these standards and avoid potential disputes or penalties. For more detailed information and access to necessary forms, visit the Residential Tenancies Authority (RTA) website.
For additional guidance or assistance, you can contact the RTA at 1300 366 311 or visit their office at Level 11, Midtown Centre, 150 Mary Street, Brisbane.
Stay compliant and ensure your properties are up to standard to provide a safe and comfortable living environment for your tenants.
For further reading and access to forms:
- Notice of Intention to Leave (Form 13)
- RTA Dispute Resolution
- Emergency Repairs
- Repair Orders Fact Sheet
Sources:
- Residential Tenancies Authority Fact Sheet on Minimum Housing Standards​
