"As the landlord, it is part of your responsibility to ensure your rental property is suitable to live in. Thankfully, you can work with the right people to help you." - Matthew Lapish, Senior Investment Analyst
Minimum rental standards in Queensland
From September 1st 2023, any tenancy agreements signed in Queensland must be for a property that meets minimum standards. Tenants' options if these standards are breached include moving out, requesting emergency repairs and applying for a termination order with QCAT.
Rental properties in Queensland must:
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Be weatherproof and structurally sound
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Be in good repair, with fixtures and fittings not likely to cause injury through normal use
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Have functioning locks or latches on all external doors and windows that can be reached without a ladder
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Have no vermin, damp or mould (unless the tenant caused this)
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Include window coverings (curtains, blinds etc) that offer privacy in rooms tenants can reasonably expect it, like a bedroom.
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Have adequate plumbing and drainage, and be connected to hot and cold water suitable for drinking
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Have flushable toilets connected to a sewer, septic tank or other waste disposal system.
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Have a functioning cook top, if there is a kitchen
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Include the necessary fixtures for a functional laundry.
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Include smoke alarms complying with regulation.
To learn more about the standards in Queensland, head to the residential tenants authority website.
Minimum rental standards in NSW
After changes to the NSW Residential Tenancies Act (2010), landlords in the state must ensure the residential premises is "in a reasonable state of cleanliness and fit for habitation by the tenant." This is a term of every residential tenancy agreement.
The act gives the following, non-exhaustive, requirements a property in NSW must meet to be fit for habitation:
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The residential premises must be structurally sound, which means:
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The floors, ceilings, walls, supporting structures (including foundations), doors, windows, roof, stairs, balconies, balustrades and railings are in a reasonable state of repair.
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The floors, ceilings, walls and supporting structures are not subject to "significant dampness"
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The roof, ceilings and windows do not allow water penetration into the premises, and are not liable to collapse because they are rotted or otherwise defective.
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The premises must have adequate light, natural or artificial, in each room of the premises other than a room intended to be used solely for storage or as a garage.
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The property must have adequate ventilation.
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It must be supplied with electricity or gas, with an adequate number of outlet sockets for the supply of lighting, heating and use of appliances.
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The property needs to have adequate plumbing and drainage.
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It must be connected to a water supply, able to supply hot and cold water to the premises, and useable for drinking and cleaning.
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It must contain bathroom facilities, toilet and washing, which allow privacy.
Landlords also need to comply with any statutory obligations relating to buildings, including ensuring there are enough functional smoking alarms in the property.
If you're a NSW tenant who believes you are living in a rental property that does not meet these standards, complaints can be filed through Fair Trading NSW. If your landlord has breached your residential tenancy agreement by not providing a property fit for habitation, they might be required to urgently amend any issues, or the tenancy agreement could be terminated.
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