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New renting laws

Victoria’s new rental laws came into effect on 29 March 2021.

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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.

Electrical safety check

Rental providers must ensure an electrical safety check of all electrical installations and fittings in the premises is conducted every two years by a licensed electrician.

If requested, they must also provide the renter with the date of the most recent safety check, in writing.

The safety check must be conducted accordance with section 4 of AS/NZS 3019 “Electrical installations—Periodic verification”.

If an electrical safety check has not been conducted within the last two years at the time the renter occupies the premises, the rental provider must arrange an electrical safety check as soon as practicable.

If the safety check shows electrical repairs are needed to make the property safe, the rental provider should engage an REC or a licensed electrician employed by an REC to do the repair work.

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, and rooming houses.

There are over 130 reforms contained within the Residential Tenancies Regulations 2021.

Consumer Affairs Victoria (CAV) is the agency responsible for these regulations. The CAV website provides detailed summaries and guides on the full range of changes included in the new renting regulations.

The CAV website provides detailed information on:

• Gas and electrical safety checks, and
• Rental providers and estate agent property manager’s obligations.

Evidence of safety checks

The electrician should provide a record of the electrical safety check, which must include:

• Their full name and business details, including the licence number of the electrician or REC who performed the check
• the date of the safety check
• the results of the check, including any repairs required and actions taken to address the repair, and
• confirmation that all installations and fittings have been checked and found safe.

A record of an electrical safety check may be any of the following:

• a compliance certificate
• a document or checklist from the electrician or REC
• an ‘’Electrical Installation audit report’

Other changes to the renting rules include

• An expanded definition for urgent repairs – now including air conditioning, safety devise and any fault or damage that makes the property unsafe or insecure.
• Rental providers (landlords) 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.

Gas safety check

The rental provider 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 the date 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.

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, and
• the results of the check, including any servicing and repairs required and actions taken to address the repair.

A record of a gas safety check can be either of the following:

• a compliance certificate (if applicable)
• a document from the licensed gas fitter who carried out the safety check.

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.