Events

Minimum Housing Standards

Minimum Housing standards for rental property commence September 2023.

From 1 September 2024, the prescribed minimum housing standards apply to all premises.

Read the history of the Queensland RTRA Act review (rental law reforms) here. Members, reminder, the June Real Estate Excellence Member Updates (plus, July and many other past updates), include a lessor disclosure statement). Email us if we can provide any best practice support and advise as part of membership services.

Minimum Housing standards are emergency repairs as per section 214 RTRA Act/refer to clause 30 of the Form 18a.

From 1 September 2023, the prescribed minimum housing standards apply to premises if a residential tenancy agreement, or rooming accommodation agreement, for the premises starts on or after that date. From 1 September 2024, the prescribed minimum housing standards apply to all premises.

What are minimum housing standards?

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 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
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 functioning cook-top, 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 these may be provided by the tenant.

Does a rental property need to meet minimum housing standards from 1 September 2023 if an existing tenant renews their tenancy after that date?

Yes. The 1 September 2023 introduction of minimum housing standards for new tenancies apply to all new tenancy agreements. This includes tenancy agreements which are being renewed, even if the existing tenants are staying at the property.

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, ceiling 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.

Will all external doors and windows need to have locks or latches for the property to meet minimum housing standards?

To meet minimum housing standards, all external windows and doors at a property will need to have functioning locks or latches to secure the premises against unauthorised 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. The main focus should be on ensuring the rental property is secure and that reasonable measures have been taken to meet safety and security requirements under the legislation.

Will every room in the rental property need to have a blind, curtain or other privacy covering to meet minimum housing standards?

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

Who is responsible for mould, damp or vermin during a tenancy?

If mould, damp or vermin appears in a rental property during the tenancy, the tenant should notify the property manager/owner as soon as they are aware of the issue.

If the issue is caused by problems with the structure of the property, the property manager/owner is responsible for fixing it and making any necessary repairs. Examples could include mould caused by a leaking roof or a termite infestation in the walls. The property manager/owner is also responsible for fixing any issues that are caused by reasonable use of the property. Examples would include a leaking shower which cannot be turned off or a stove top that does not work.

If the issue is caused by the actions of the tenant, the tenant is responsible for any necessary repairs. Examples could include mould caused by the tenant allowing steam to build up in a bathroom and not properly ventilating or cleaning the area, or a vermin problem which may have been caused because the actions of the tenant attracted the animals to the property.

Once minimum housings standards come into effect for new tenancies from 1 September 2023 and for all tenancies on 1 September 2024, what will happen if a rental property does not comply with these standards? 

Tenants will have a range of options if they believe the rental property they live in does not meet minimum housing standards. The available options are different for rooming accommodation and general tenancies.

To learn about the options for a general tenancy agreement, read the Preparing for minimum housing standards – General tenancies factsheet.

To learn about the options for a rooming accommodation agreement, read the Preparing for minimum housing standards – Rooming accommodation factsheet.

The above Q and A information has been sourced from www.rta.qld.gov.au 25th July 2023.

Part 1 Safety and security

1 Weatherproof and structurally sound

(1)Premises must be weatherproof, structurally sound and in good repair.

(2)Premises are not weatherproof if the roofing or windows of the premises do not prevent water entering the premises when it rains.

(3)Without limiting subsection (1), premises are not structurally sound if—

(a)a floor, wall, ceiling or roof is likely to collapse because of rot or a defect; or

(b)a deck or stairs are likely to collapse because of rot or a defect; or

(c)a floor, wall or ceiling or other supporting structure is affected by significant dampness; or

(d)the condition of the premises is likely to cause damage to an occupant’s personal property.

2 Fixtures and fittings

The fixtures and fittings, including electrical appliances, for premises—

(a)must be in good repair; and

(b)must not be likely to cause injury to a person through the ordinary use of the fixtures and fittings.

3 Locks on windows and doors

(1)Premises let, or to be let, under a residential tenancy agreement must have a functioning lock or latch fitted to all external windows and doors to secure the premises against unauthorised entry.

(2)Premises let, or to be let, under a rooming accommodation agreement must have a functioning lock or latch fitted to all windows and doors of a resident’s room to secure the room against unauthorised entry.

(3)Subsection (1) or (2) apply only to the windows and doors that a person outside the premises or room could access without having to use a ladder.

4 Vermin, damp and mould

(1)Premises must be free of vermin, damp and mould.

(2)Subsection (1) does not apply to vermin, damp or mould caused by the tenant, including, for example, caused by a failure of the tenant to use an exhaust fan installed at the premises.

5 Privacy

(1)Premises must have privacy coverings for windows in all rooms in which tenants or residents are reasonably likely to expect privacy, including, for example, bedrooms.

(2)Privacy coverings for windows include any of the following—

(a)blinds;

(b)curtains;

(c)tinting;

(d)glass frosting.

(3)Subsection (1) does not apply to a window of a room if a line of sight between a person outside the premises and a person inside the room is obstructed by a fence, hedge, tree or other feature of the property.

Part 2 Reasonable functionality

6 Plumbing and drainage

Premises must—

(a)have adequate plumbing and drainage for the number of persons occupying the premises; and

(b)be connected to a water supply service or other infrastructure that supplies hot and cold water suitable for drinking.

7 Bathrooms and toilets

(1)The bathroom and toilet facilities at premises must provide the user with privacy.

(2)Each toilet must—

(a)function as designed, including flushing and refilling; and

(b)be connected to a sewer, septic system or other waste disposal system.

8 Kitchen

A kitchen, if included, must include a functioning cook-top.

9 Laundry

A laundry, if included, must include the fixtures required to provide a functional laundry other than whitegoods.

on Sunday, 26 March 2023. Posted in Events

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Minimum Housing Standards

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