Renters should inspect a property to make sure it meets minimum standards before they sign a rental agreement.
If the property does not meet minimum standards, the renter can request that the rental provider make repairs or changes before signing the agreement or before they move in.
If a rental agreement has been signed but the renter has not moved in yet, and the property does not meet minimum standards, the renter can either:
- end the rental agreement immediately without fees by notifying the rental provider that the property does not meet minimum standards, or
- move in anyway, then make a request for urgent repairs.
If a property falls below minimum standards any time during a rental agreement, the renter can contact the rental provider or agent straight away to request an urgent repair to meet the standards.
Rental providers’ responsibilities to meet minimum standards
There are penalties for failing to provide a property that meets minimum standards. There are also consequences for not carrying out requested repairs to bring a property up to minimum standards.
When a rental provider fails to repair the property
If a rental provider does not respond to a request for an urgent repair, the renter may apply to VCAT for an order requiring the rental provider to carry out the repairs.
Alternatively, if the repairs will cost less than $2500 and the renter can afford to pay for them, then the renter may arrange the repairs themselves. In this case, the rental provider will have to pay back the renter for the reasonable costs of repair.
VCAT can also order that while awaiting repairs, rent payments be redirected into a rent special account for a certain amount of time, called a specified period. A rent special account is a trust account that can hold rent that would usually go to the rental provider. At the end of the specified period:
If the urgent repairs have been made, the rental provider can apply for VCAT to pay them the rent in the rent special account.
If the repairs have not been made and the property does not meet the minimum standards, the renter can apply to VCAT to pay them some or all of the rent in the rent special account.
Failure to repair due to financial hardship
In determining whether to redirect rent payments into a rent special account due to failure to repair a property, VCAT will consider if the rental provider is in financial hardship.
If this is the case, the rental provider must provide documented evidence of financial hardship to VCAT.
Residential Tenancies Regulations 2021
If you want to know what the law says about minimum standards for rental properties, see:
Sections of the Act
If you want to know what the law says about minimum standards for rental properties, you can read these sections of the Residential Tenancies Act 1997:
- Section 65A – Occupation of rented premises that do not comply with rental minimum standards
- Section 72 – Urgent repairs
- Section 77 – Payment of rent into Rent Special Account