If you’re a renter freezing during winter without proper heating or suffering in summer without air-conditioning, you may be wondering what your landlord’s legal responsibilities are.
You may have even bit the bullet and asked them to install a heater or air-conditioner, but they’ve said no.
So what are the rules and what are landlords obliged to provide?
Is heating and cooling a requirement in a rental property?
The short answer is, it depends on how cold or hot your home gets and which state you live in.
According to residential tenancy legislation, in most states, the legislation does not specify that a fixed air-conditioning or heating device needs to be installed at a rental property.
But it does say that the premises must be habitable.
Tenancy law expert Chris Martin, a senior research fellow at the University of NSW City Futures Research Centre, said the exact wording differed between different jurisdictions, but “habitable” meant landlords must make sure the property could be lived in “safely and comfortably”.
“If it takes an air-conditioner or a heating unit to make a particular premises habitable, that’s what’s required to meet that obligation,” Dr Martin said.
Australian homes are getting too cold during Winter, routinely falling below 18 degrees Celsius, the minimum temperature the World Health Organization (WHO) regards safe for indoor environments.
A 2022 report found homes in Australia during summer were also getting too hot. It showed, on average, homes reached above the WHO’s safe temperature range of 18C to 24C.
Dr Martin said in cases where the temperature was too hot or cold and “unbearably uncomfortable” it would not be considered fit for habitation.
The landlord would be in breach of the tenancy agreement if they didn’t fix it, he said.
Can I ask my landlord to install a heater or air conditioner?
Dr Martin said tenants who found their properties unsafe or uncomfortable could approach their landlord to install a fixed heating or cooling unit, in the first instance.
If the landlord does not take action, tenants can then apply to the tribunal for a breach of agreement and seek an order that the landlord make the premises habitable.
Tenants can also request a rent reduction for not being able to use part of the premises due to the cold or compensation for falling ill because of the cold.
“Even though the habitability obligation is good in its wide coverage and can be applied to many circumstances, it does mean that tenants may have to have an argument with the landlord about what’s needed to meet the obligation,” Dr Martin said.
But he said sometimes that can be difficult as most tenants are in an “asymmetrical relationship” where the landlord holds most of the power.
What are the minimum rental standards per state?
Minimum standards are the least permissible conditions required to demonstrate a basic level of livability. In some states, that includes heating.
In recent years states and territories have been amending their tenancy laws to make sure landlords meet minimum rental standards.
However these standards differ by state, and in some, they are not enforced.
While most minimum standards focus on making sure properties are structurally sound or have hot and cold running water, some jurisdictions do more than others.
So what are the minimum standards in each state?
New South Wales
In New South Wales, landlords and agents are required to make sure rental properties meet 7 minimum standards to be habitable. However, heating or cooling units are not specifically included.
The minimum standards must ensure:
- The property be structurally sound.
- The property has adequate natural or artificial lighting in each room, except storage rooms or garages.
- The property has adequate ventilation.
- The property be supplied with electricity or gas, and have enough electricity or gas sockets for lighting, heating, and other appliances.
- The property has adequate plumbing and drainage.
- The property has a water connection that can supply hot and cold water for drinking, washing, and cleaning.
- The property has bathroom facilities, including toilet and washing facilities that allow users’ privacy.
For more details go here.
Victoria
In Victoria, minimum standards apply if your rental agreement started on or after March 29, 2021, or before March 29, 2021 and became a periodic agreement (month to month) on or after March 29, 2021.
Dr Martin said Victoria’s approach to minimum standards is “deliberately setting higher standards” which require landlords to actively improve properties, including with heating requirements.
Heating requirements
Victoria requires all rental properties to have a fixed heater (not portable), in the main living space that meets energy efficiency requirements.
If there is an existing fixed heater that is not energy efficient, the rental provider must upgrade it.
Dr Martin said other states and territories should consider introducing similar heating requirements in a phased approach into their own minimum standards.
For more details go here.
What about cooling?
It’s in the works. Consultations are being held about introducing additional new standards that would require a fixed cooling unit and higher energy and water efficiency standards in each property.
There are 14 other minimum standards which are similar to NSW but include these additions:
- All rooms are free from mould and damp caused by or related to the building structure.
- Windows in rooms likely to be used as bedrooms or living areas must be fitted with curtains or blinds that can be closed, block light and provide privacy.
Queensland
Similar to NSW and Victoria, minimum housing standards specify that rental properties must be structurally sound, be in good repair, and have adequate plumbing and drainage and hot and cold water.
Some other standards in Queensland include:
- The property needs to have a functioning cooktop, if a kitchen is provided.
- The property needs to have functioning locks or latches on all external doors and windows that can be reached without a ladder.
- It needs to be free from vermin, damp and mould (this does not include cases where the vermin, damp or mould has been caused by the tenant)
For more details go here.
South Australia
From July 1, 2024, South Australia implemented reforms to its rental laws, the biggest improvements since the introduction of the Residential Tenancies Act in 1995.
From July 1 changes included landlords needing prescribed grounds to terminate or not renew a tenancy, tenants being allowed to have pets in rental homes with clear guidelines, and rental properties having to comply with minimum housing standards.
The minimum standards are similar to other states with some additions:
- The property to be maintained so as not to present a fire hazard
- Must be free from materials or substances that pose a serious risk or harm to the health of occupants, e.g., disturbed or damaged asbestos
- Each internal wall and ceiling must be constructed from rigid material
- Ceiling height must be compliant with relevant law
- Stairs including the risers and goings and any landings, balustrades and handrails must be compliant with relevant law.
For more details go here.
Northern Territory
There are no specific minimum standards which must be met in the Northern Territory.
But it is the landlord’s responsibility to ensure that the property is clean and habitable and meets all health and safety requirements.
For more details go here.
ACT
The Residential Tenancies Act 1997 was amended in 2020 to allow the ACT Government to make minimum standards for residential tenancies.
While at this stage no minimum standards have been introduced landlords are responsible for keeping the property in a reasonable state of repair and ensuring it is reasonably secure.
For more details go here.
Western Australia
Although there are proposed changes to the Residential Tenancy Act 1987 to include minimum standards, no changes have come into effect yet.
Currently, the law states it is a term of every lease that the owner must have the premises in a reasonable state of cleanliness and repair before it can be rented out to a tenant.
The law also requires that the property complies with all building, health and safety standards.
For more details go here.
Tasmania
From 1 August 2016, all residential rental properties have been required to meet minimum standards.
Tasmania requires heating as a minimum standard in the main living area.
Other minimum standards are similar to other states and territories but differ in some cases, which include:
- The property must be weatherproof
- Have a heater in the main living area of the property.
- Have openings to allow air into all rooms.
For more details go here.
Can my rent increase if improvements are made?
Dr Martin said in some cases improvements could ultimately mean a rent hike.
“Deliberately raising the standard of rental properties in this way would likely impose a cost, and it’s reasonable to expect that cost to flow through to higher rents,” Dr Martin said.
But he also said if the improvements were energy efficient, there could be cost savings for tenants.
Dr Martin also said reforms should go one step further and ensure landlords can’t unreasonably terminate tenancies without grounds at the end of any fixed term or during periodic leases.
“No grounds eviction give cover to the unreasonable landlords who routinely exploit the legal insecurity of their tenants,” Dr Martin said.
“It should be a priority of every jurisdiction to eliminate no-grounds terminations to protect renters and their rights.”
In New South Wales, the Labor Government made a pre-election commitment to abolish no-ground terminations but has yet to do so.
However, in Victoria, no-grounds evictions can still be served at the end of the first fixed term.
