Residential tenancy changes
On 29 March 2021 Victoria introduced new renting laws. The changes to the law clarify the rights and responsibilities of renters and rental providers. There are over 130 reforms contained within the Residential Tenancies Regulations 2021.
On 31 May 2022 further amendments to the Residential Tenancies Regulations 2021 (RTR) were made to ensure that the gas servicing requirements of a Gas Safety Check are aligned with the Gas Safety (Gas Installation) Regulation 2018 which now mandate AS 4575 Gas Appliance Servicing of Type A appliances and prescribe reporting requirements.
The amendments commenced on 1 June 2022.
The Consumer Affairs Victoria (CAV) website provides detailed information on the full range of changes included in the new renting regulations.
On the following pages, Energy Safe Victoria provides information for consumers, gasfitters and electricians on the new requirements around gas and electrical safety.
- Amendments to Victorian renting laws
- Gasfitter toolkit and FAQs on the Gas safety checklist
- FAQs on electrical safety inspections and testing
Amendments to Victorian renting laws
Victoria’s rental laws came into effect on 29 March 2021. The changes to the law clarify the rights and responsibilities of renters and rental providers – from before a rental agreement is signed until after the agreement ends – and apply to all types of tenancies:
- private rentals
- caravan and residential parks
- rooming houses.
On 31 May 2022 further amendments to the Residential Tenancies Regulations 2021 (RTR) were made to ensure that the gas servicing requirements of a Gas Safety Check are aligned with the Gas Safety (Gas Installation) Regulation 2018 which now mandate AS 4575 Gas Appliance Servicing of Type A appliances and prescribe reporting requirements.
The amendments commenced 1 June 2022. There are over 130 reforms contained within the Residential Tenancies Regulations 2021
Amendments to the Residential Tenancies Regulations 2021
The objective of the Residential Tenancies Amendment Regulations 2022 are to align the servicing requirements for a Type A gas appliance with the servicing requirements under the Gas Safety (Gas Installation) Regulations 2018.
These requirements came into force 1 June 2022.
The RTR amendments provide for consequential amendments to the servicing and record keeping requirements for ‘gas safety checks’ in the RTR 2021 to align with the amendments to the Gas Safety (Gas Installation) Regulations 2018. From 1 June 2022, the Gas Safety (Gas Installation) Regulations 2018 mandates AS 4575 as the servicing standard, to ensure a minimum safety standard, for every Type A gas appliance serviced across public, owner occupied and rental properties.
The amendments to the RTR include
- inserting new definitions of ‘gas installation’, ‘licensed gasfitter’, ‘registered gasfitter’, ‘Type A gas appliance’ and ‘standard gas installation’ into the RTR, which are consistent with the Gas Safety (Gas Installation) Regulations 2018
- substituting paragraph (c) of the definition of ‘gas safety check’ to require the servicing of all Type A gas appliances that are part of a standard gas installation and ‘note’ the requirements in the Gas Safety (Gas Installation) Regulations 2018 and
- requiring that the record of a gas safety check must include, for each Type A gas appliance serviced, a record of the work given to the rental provider in accordance with the requirements of the Gas Safety (Gas Installation) Regulations 2018.
Consumer Affairs Victoria
Consumer Affairs Victoria (CAV) is the agency responsible for these regulations.
The CAV website has detailed summaries and guides on the full range of changes included in the new renting regulations including
Gas and electrical safety obligations
Under the new laws rental providers (previously referred to as landlords) have certain responsibilities for gas and electrical safety.
Rental providers must undertake gas and electricity safety checks:
- For all new agreements after 29 March 2021, or
- Where there is a fixed term agreement of more than five years which rolls over into a periodic tenancy after 29 March 2021, must undertake gas and electricity safety checks.
Additionally, rental providers must keep – and be able to produce – records of gas and electrical safety checks conducted at the property.
Gas safety check
What is a gas safety check?
In short, a gas safety check should include, but is not limited to:
- checking the installation for compliance as per the requirements of Residential Tenancies Regulations 2021
- testing the gas installation for leakage, ensuring it is gas tight
- checking that there is adequate ventilation for appliances to operate safely
- performing a service on all appliances as per the requirements of the Residential Tenancies Regulations 2021
- performing a combustion spillage test on all appliances in accordance with AS 4575
The full definition and requirements of a gas safety check can be found in the regulations. Search section 5 Definitions gas safety check means:
The rental provider (landlord) must ensure a gas safety check of all gas installations and fittings on the premises is conducted every two years by a licensed or registered gasfitter who is endorsed in the specialised class of Type A gas appliances servicing work (Gas Serving Type A on the Plumbers Identity Card).
Note: Registered plumbers engaging in specialised classes of plumbing must be under the supervision of a person licensed in the specialised class.
If requested, the rental provider must also provide the renter with records of the most recent safety check, in writing.
If a gas safety check has not been conducted within the last two years at the time the renter occupies the premises, the rental provider must arrange a gas safety check as soon as practicable.
Find a gasfitter
To find a licensed gasfitter, see Plumbers and gasfitters
Evidence of gas safety checks
- a compliance certificate (if applicable)
- a document from the licensed or registered gas fitter who carried out the safety check must include a record of the service work carried out on all Type A appliances as prescribed in the Gas Safety (Gas Installation) Regulations 2018.
The gasfitter should provide a record of the gas safety check. The document must include:
- Their full name and business details, including licence or registration number of the gasfitter who performed the check
- the date the safety check was conducted, the results of the check, including repairs required and actions taken to address the repair
- a record of type A appliance service work including details outlined in schedule 14 of the Gas Safety (Gas Installation) Regulations 2018
- confirmation that all installations and fittings have been checked and found safe.
If further gas work must be carried out after the check, a rental provider must also keep the compliance certificate or tax invoice relating to that work.
Record keeping
A record of the most recent gas and/or electrical safety check, along with the details of the tradesperson who performed the check, must be kept until a record of the next safety check is created.
A copy of the most recent gas or electrical safety check must be provided to the renter within seven days after the rental provider receives a written request from the renter.
Rental provider obligations
Rental providers must ensure the rental property is provided and maintained in good repair and is in a reasonably fit and suitable condition for occupation.
Rental providers must ensure the property complies with minimum standards before a renter moves in.
Rental providers must provide records of the most recent gas safety check, electrical safety check and pool barrier compliance check, if required, for the rented premises.
The renting rules include an expanded definition of urgent repairs – now including air conditioning, safety device and any fault or damage that makes the property unsafe or insecure.
Need more information?
If you have specific questions about the new rental rule changes, contact Consumer Affairs Victoria on 1300 55 81 81 or via CAV’s online enquiry form.
Gasfitter resources
Check out our Gasfitter toolkit on the new rental rules.
If you have a technical query
- call our Gas technical helpline on 1800 652 563, option 3 or
- email gastechnicalenquiry@energysafe.vic.gov.au
Date: 21/11/2024 9:44
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