MINIMUM HOUSING STANDARDS

The prescribed minimum housing standards are a legal requirement (just like smoke alarms) and 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.

Part 1 – SAFETY & 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.

As always, our expert property managers are able to assist landlords with interpretations of these standards, and will assist property owners in ensuring they meet they housing obligations.