The Latest On Compliance For Queensland Landlords And Tenants
Staying on top of rental property compliance can be time-consuming and complicated for both landlords and tenants.
We take a look at the latest in compliance for Queensland landlords and tenants, as well as the proposed changes to rental legislation recently introduced into the Queensland Parliament.
Smoke alarm compliance
The risk of death in a house fire is reduced by more than half if properly maintained smoke alarms are installed, so now’s the time to get on top of new requirements for smoke alarms coming in the new year. From 1 January 2022, smoke alarms in all rental homes must be the photoelectric type (best at detecting smoky and smouldering fires, which house fires often are) but must not contain an ionisation sensor. They need to be less than 10 years old, either hardwired or powered by a non-removable 10-year battery and be connected to all other smoke alarms in the home so that when one goes off, they all go off. A smoke alarm must be installed in each bedroom, as well as in areas such as hallways that connect the bedrooms to other parts of the home. Every storey of the property that doesn’t have a bedroom on it must have at least one smoke alarm installed in the most likely path of exit from the building.
Landlords need to test and clean smoke alarms within 30 days of a new tenancy starting. It sounds obvious, but the smoke alarms must all operate when tested, and the landlord is obliged to replace any flat or nearly flat batteries.
Once they’ve moved in, tenants are responsible for testing and cleaning (either vacuuming or dusting) smoke alarms at least once a year and replacing any flat or almost flat batteries. If there is a problem with an alarm, they must advise the landlord or property manager, and allow access to the property to install or repair alarms.
Neither tenants nor landlords are permitted to do anything to smoke alarms – such as paint them, cover them or permanently remove batteries – that might interfere with their operation.
Pool compliance
Tragically, drowning is one of the leading causes of death in children under five in Queensland, and that is why, by law, every pool must be registered with the Queensland Building and Construction Commission. If the pool is part of a rental property, it must also have a pool safety certificate issued by a licensed pool safety inspector. For shared pools, the pool owner (usually the body corporate) is responsible for obtaining the pool safety certificate and making it available to all unit owners. The pool safety certificate is an assurance that at the time of inspection, the pool, including barriers and gates, complies with Queensland’s pool safety standard.
Both landlords and tenants are subject to pool safety laws. For example, landlords need to ensure that pool fences and gates are legally compliant, while tenants must ensure that pool gates are kept securely closed when not in use and that there are no climbable objects such as pot plants or outdoor furniture that would allow children to scale the pool fence.
Water charging and compliance
Did you know that in some circumstances landlords are permitted to pass on water consumption charges to tenants? If the rental property is individually metered and complies with water efficiency standards, and the tenancy agreement states that the tenant must pay for water consumption, a landlord can pass on the full water consumption costs to a tenant. That means the tenant is liable for the state bulk water charge and the water usage charges; the landlord is still responsible for sewerage usage and fixed access charges.
A rental property is considered “water-efficient” if its indoor cold taps and single mixer taps (except bathtub taps or those supplying appliances), showerheads and toilets meet certain water efficiency standards. The presence of water-efficient devices should be noted on the entry condition report at the start of a tenancy and can be proven through receipts, plumbing reports, packaging, warranties or instruction manuals.
Even if the criteria are met and a tenant is responsible for water consumption charges, the tenant will not be billed directly by water supply authorities. The landlord will continue to receive water bills and should pay the bill in full before passing on a copy to the tenant for reimbursement. The tenant then has one month to repay the landlord.
Blinds and curtains compliance
Blind and curtain cords present a serious strangulation risk to children, and that is why there are two national mandatory safety standards applying to the suppliers and installers of corded internal window coverings. In Queensland, landlords are obliged to comply with laws relating to the health and safety of people using their premises, as well as having a duty of care to mitigate the chances of injury at their property. Landlords should inspect window coverings in their rental property, identify potential hazards, and install any necessary safety devices to keep blind and curtain cords safe for children. The installation of any new blinds or curtains must meet national safety standards.
Proposed rental law reform
There may be changes coming to rental laws in Queensland. In May the Queensland Government introduced the Housing Legislation Amendment Bill 2021 to the State Parliament. The draft laws, first floated in 2019, include changes to the grounds for ending tenancies, set out minimum safety, security and functionality standards for rental properties and make it easier for tenants to have pets. They also allow people fleeing domestic and family violence to end a lease with just seven days’ notice. Queenslanders are invited to provide their feedback on the Bill until 10 August 2021.
An expert property manager can help landlords stay on top of ever-changing rental property compliance. For advice from our specialist property management team, contact us today.
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