The government wants clearer expectations for landlords and tenants about property requirements. Photo: Ian Bushnell.
Proposed changes to tenancy laws aim to set a new “baseline” level for acceptable rental properties, and the ACT Government wants to hear from tenants, landlords and the general community.
The changes are part of a national push for minimum standards and will build on the energy efficiency standard that now mandates ceiling insulation in rental properties, to be phased in by 30 November 2026.
From minimum requirements for locks and ventilation to energy-efficiency ratings for appliances and window coverings, the government says the proposed changes aim to establish a clear baseline for habitable living conditions.
Reforms to occupancy laws are also on the table, including the termination of occupancy agreements, occupancy fee increases such as those for residents in boarding houses, and protections for caravan park residents.
Attorney-General Shane Rattenbury said the goal was to set clearer expectations for landlords and tenants that would apply to all rented residential properties.
For example, ACT legislation didn’t make clear that all rented properties should have a kitchen, he said.
“Most rental properties across the ACT would have many of these things, but at the moment, if they don’t, there is a limited ability for tenants to seek recourse from their landlords,” he said.
“Having minimum standards in legislation gives them the power to go to the real estate agent, go to the Tribunal and say, ‘Hang on a minute, this should be here as part of a normal rental property’.”
The government hopes to establish the essential features every rental property should have to ensure it is safe, healthy and comfortable.
It also wants the feedback to help it determine landlords’ responsibilities in installing energy-efficient appliances and water-saving fixtures, including heating and cooling systems, to reduce costs and environmental impacts.
Mr Rattenbury said minimum standards already existed in other jurisdictions, except Western Australia and the Northern Territory.
Other changes being considered include requirements to transition away from gas appliances when they reach their end of life and imposing safety obligations on tenants.
In August 2023, National Cabinet agreed to the Better Deal for Renters reform package, which included a commitment by each state and territory to phase in minimum quality standards for rental properties.
The government says introducing minimum standards for rental properties will help ensure rental properties meet prevailing community standards and provide tenants with basic levels of safety, security, amenity and hygiene.
However, it can expect some pushback from landlords and the property industry about the cost of upgrading properties.
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