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Preparing for Minimum Housing Standards - Tenanted Properties

Preparing for Minimum Housing Standards - Tenanted Properties

Preparing for Minimum Housing Standards - Tenanted Properties

Minimum housing standards will come into effect for new tenancies from 1 September 2023 and for all tenancies from 1 September 2024. These new standards will apply to all types of tenancies, including general tenancies, movable dwellings, and rooming accommodation agreements.

For current and future Landlords, it is crucial you are aware of these standards to ensure your property remains compliant. As a tenant it is important to be aware of what is required of yourself and your Landlord.

Overview of minimum housing standards

Minimum housing standards aim to ensure all Queensland rental properties are safe, secure and reasonably functional. The new standards will complement existing legislation, which states that a property must be fit to live in, in good repair and compliant with health and safety laws. To meet minimum housing standards, the rental property will need to meet the criteria outlined below.

Safety and security

The property must:

  • be weatherproof and structurally sound
    • the roofing or windows must prevent water entering the premises when it rains
    • the floor, walls, ceiling, roof and any decks or stairs must not be likely to collapse because of a rot, defect, or significant dampness
  • 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 from outside the premises 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)
  • have privacy coverings for windows in all rooms where the tenant could reasonably expect privacy, such as bedrooms. Privacy coverings:
    • for windows include blinds curtains, tinting and glass frosting
    • do not apply if the line of sight of someone outside the property and someone inside the property is blocked, for example if the window is obstructed by a fence, a hedge, tree, or other feature of the property.

Reasonable functionality

The property must:

  • have adequate plumbing and drainage for the number of people occupying the premises
  • be connected to a water supply service or other infrastructure that supplies hot and cold water suitable for drinking
  • provide privacy in bathroom areas
  • have toilets that are all flushable and refillable, and connected to a sewer, septic tank or other waste disposal system
  • have a functioning cooktop, 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.

Options when a property does not meet minimum housing standards

There are different options available to tenants depending on if the property fails to meet minimum housing standards when they first move into the property or during the tenancy.

The property manager/owner is responsible for ensuring the premises and inclusions comply with prescribed minimum housing standards at the start and throughout the tenancy. The tenant is responsible for contacting the property manager/owner as soon as they become aware of any repairs that need to be made to the rental property.

NOTE: The property manager/owner and the tenant should speak with one another and try to resolve any issues which occur during a tenancy. Self-resolution is often the quickest and easiest way to revolve tenancy issues.

If the actions of the tenant cause the property to fail to meet minimum housing standards

Throughout the tenancy, the tenant is responsible for keeping the rental property clean and for not intentionally damaging the property. If the rental property fails to meet minimum housing standards because of issues caused by the actions of the tenant, the property manager/owner can issue the tenant with a Notice to remedy breach (Form 11) and the tenant may have to pay for the repairs.

The information provided is courtesy of the QLD Government - RTA.

FAQ

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