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, and 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.
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
- 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.
The CAV website provides detailed information on
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
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.
Find a gasfitter
Electrical safety check
Rental providers must ensure an electrical safety check of all electrical switchboards, wiring 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 in accordance with section 4 of AS/NZS 3019:2022 “Electrical installations—Periodic assessment”.
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 a registered electrical contractor (REC) or a licensed electrician employed by a REC to do the repair work.
Find a licensed electrician
Evidence of safety checks
Gas safety check
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.
Electrical safety check
The electrician must provide a written report (hard copy or digital) in regard to the electrical safety check.
The report must include details of those parts of the tenancy covered by the check and any part of that tenancy not covered by the safety check. The report should record the results of the testing undertaken.
If any damage or safety issues are identified during the assessment or testing, the report should include recommendations for any repairs required.
Reports shall be compiled and signed or otherwise authenticated by the electrician who carried out the electrical safety check.
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.
Gas safety check
A record of a gas safety check can be either of the following:
- 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.
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.
Electrical safety check
A record of an electrical safety check may be any of the following:
- Electrical Safety Check report:
- Form 1. Periodic Verification Report Form - Appendix A of AS/NZS 3019:2022 “Electrical installations—Periodic assessment”.
- Any other form or report (hard copy or digital) that includes details of the check carried out, the name of the electrical who carried out the check and the date on which the safety check was carried out.
Certificates of Electrical Safety (COES)
An ESV COES is not the correct form to be used as a record of the electrical safety check.
However, a COES must be issued if any electrical repair or maintenance work is carried out.
New renting rules
The renting rules include
- An expanded definition for urgent repairs – now including air conditioning, safety device 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.
Need more information?
If you have specific questions about the new rental rule changes, contact
Date: 06/12/2023 10:00
The currency and accuracy of this document cannot be guaranteed once printed or saved to a storage device. If in doubt, please check the ESV website for the current version.
Reviewed 06 November 2023