Update on Residential Tenancies Act Amendments
- Ria McIntyre
- Mar 19
- 3 min read
On the 6th March 2025 amendments to the Residential Tenancies Act 1997 as part of the new Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 were passed in both houses of the Victorian State Parliament. They now await Royal Assent by the Governor of Victoria to become law.
These updates were originally announced at the end of last year by the Premier of Victoria, with first, second and third readings completed in the legislative assembly and legislative council respectively.
From over 130 pages of updates, we’ve selected the key points which have an impact on safety checks and other compliance inspections.
Rental Minimum Standards must be met prior to a rental property being advertised for rent.
Should a property be listed or offered to rent and not comply with the rental minimum standards, penalties apply for individuals and body corporates as follows:
Individual - 60 penalty units = $11,855.40
Body Corporate - 300 penalty units = $59,277
(The value of a penalty unit is $197.59 for financial year 2024-25)
16 New section 65B inserted
After section 65A of the Residential Tenancies Act 1997 insert—
"65B Advertising of premises for rent that do not comply with rental minimum standards
A residential rental provider or the provider's agent must not advertise or otherwise offer premises to let unless at the time the premises are advertised or otherwise offered to let, the residential rental provider or the provider's agent reasonably believes the premises comply with the rental minimum standards.
Penalty: 60 penalty units in the case of a natural person;
300 penalty units in the case of a body corporate.".
Smoke alarm safety checks must be carried out regardless of the status of the lease agreement.
Also noted in new section 68AA, any hardwired smoke alarms must be checked by a “suitably qualified person”. This includes the replacement of the back up batteries for hardwired smoke alarms.
The Government also announced in November 2024 that all Electrical & Gas checks need to be conducted at rental premises regardless of the lease start date - this section of the legislation is to be finalised.
17 New section 68AA inserted
After section 68 of the Residential Tenancies Act 1997 insert—
"68AA Residential rental provider's duty in relation to smoke alarms
(1) This section applies—
(a) irrespective of whether a residential rental agreement for rented premises was entered into before, on or after 29 March 2021; and
(b) despite section 14 of the Interpretation of Legislation Act 1984.
(2) A residential rental provider must ensure that any smoke alarm installed in rented premises is—
(a) correctly installed and in working condition; and
(b) fitted with batteries or replacement batteries; and
(c) tested at least once every 12 months in accordance with any instructions by the manufacturer of the smoke alarm.
(3) If a smoke alarm installed in rented premises does not meet the requirements of subsection (2), the renter may issue a request to the residential rental provider for urgent repairs to the smoke alarm in accordance with section 72AA.
(4) On receiving notice under subsection (3), the residential rental provider or the provider's agent must immediately arrange for the repairs to be carried out.
(5) Any testing, repair or replacement of a smoke alarm that is powered by a mains electricity supply for the purposes of this section must be undertaken by a suitably qualified person.".
Notices to vacate have been extended to 90 days in some circumstances.
Whilst this doesn't directly relate to safety and compliance checks, this amendment gives property managers and owners an extended window to book safety checks and conduct rental minimum standards before a property becomes vacant.
Conducting safety checks and rental minimum standards inspections are impacted by the disconnection of utilities between lease agreements which can render some checks impossible. There is also the added complication of access to the property when it is vacant.
Read our article here for more information and recommendations relating to vacant properties.
Find the full Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 on the Victorian Legislation website here.
Find the Residential Tenancies Act 1997 on the Victorian Legislation Website here
Read the Victorian Government Press Release from November 2024 regarding updates to Rental Minimum Standards on the Premier of Victoria website here.
Read the Victorian Government Press Release from November 2024 regarding updates to safety checks on the Premier of Victoria website here.
If you would like to know more about Safety Checks and Rental Minimum Standards Inspections by Taskforce please enquire below for a call back from one of Client Engagement Specialists.
