Residential tenancy

Residential tenancy changes

On 29 March 2021 Victoria introduced new renting laws. The changes to the law clarify the rights and responsibilities of renters and rental providers. There are over 130 reforms contained within the Residential Tenancies Regulations 2021.

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 on 1 June 2022.

The Consumer Affairs Victoria (CAV) website provides detailed information on the full range of changes included in the new renting regulations.

On the following pages, Energy Safe Victoria provides information for consumers, gasfitters and electricians on the new requirements around gas and electrical safety.

• Amendments to Victorian renting laws
• Gasfitter toolkit and FAQs on the Gas safety checklist
• FAQs on electrical safety inspections and testing

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.

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

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.

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 2021 renting regulations.

The CAV website provides detailed information

See:

• Gas, electrical and water safety standards
• Minimum standards for rental properties

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

For information about finding a licensed gasfitter see: Plumbers and gasfitters

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

Information about finding a licensed electrician is on our webpage Electricity tradespeople

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.

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.

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 Energy Safe 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.

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 Consumer Affairs Victoria on 1300 55 81 81 or via CAV’s online enquiry form

Gasfitters

Check out our Gasfitter toolkit on the new rental rules.

If you have a gas technical query, contact our Gas technical helpline directly on 1800 652 563, option 3 or email: gastechnicalenquiry@energysafe.vic.gov.au.

Electrical workers

If you have questions in relation to electrical technical information, contact us:

• Electrical technical helpline on (03) 9203 9700 selecting option 2
  or
• email: ElectricalInstallationEnquiries@energysafe.vic.gov.au

Electrical resources

See:

• Electrical Safety Check report (this report will satisfy the requirement of the Residential Tenancies Regulations 2021)
• FAQs – Electrical safety inspections and testing

Note:

• The Electrical Installation Audit Report has been removed from this page as it is not relevant to the residential tenancies' electrical safety checks.
• The inspection and testing for an electrical safety check must be done to meet the requirements of Section 4 of the Australian/New Zealand Standard AS/NZS 3019:2022 Electrical installations – Periodic assessment.

New rental laws

For detailed information about the new Victorian residential tenancy laws that came into effect on 29 March 2021, visit Consumer Affairs Victoria

Inspection and testing

The Residential Tenancies Regulations 2021 (‘RTR’) requires that all residential tenancies are verified every two years, by inspection and testing by a licenced electrician to determine whether the installation and all its constituent equipment is in a safe condition for continued use.

For all new rental agreements signed on or after 29 March, 2021 rental providers will need to conduct regular gas and electrical safety checks. For more information on the conduct of these checks please see Consumer Affairs Victoria Gas and electricity safety checks guide.

The rental provider (previously referred to as the landlord) is required to ensure this has been carried out and keep records of safety checks.

Meet the requirements of the Standard AS/NZS3019:2007

The inspection and testing must be done to the requirements of Section 4 of the Australian/New Zealand standard AS/NZS 3019:2022 Electrical installations–Periodic assessment.

AS/NZS 3019:2022 also has a verification certificate (Form 1) that must be completed and signed and given to the landlord or agent.

Certificates of Electrical Safety (COES)

An Energy Safe COES is not the correct form to be used for the inspection and testing.

However, a COES must be issued if any electrical repair or maintenance work is carried out.

Electrical safety checklist

Energy Safe has developed an Electrical Safety Check report covering the requirements of sections 3 and 4 of the Australian/New Zealand standard AS/NZS 3019:2022 Electrical installations–Periodic assessment.

Energy Safe has prepared a sample report

which shows how the report should look once completed.

As an option, electricians and RECs may utilise Energy Safe’s Electrical Installation Audit Report.

These forms can be downloaded and printed to be used in hardcopy, or saved to your computer and filled in online and then emailed to a customer.

Rental providers must ensure that an electrical safety check of all electrical installation and fittings in the premises (in accordance with section 4 of AS/NZS 3019:2022 Electrical installations–Periodic assessment) 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.

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

If the safety check shows that electrical repairs are needed to make the property safe, a rental provider should engage a Registered Electrical Contractor to carry out the repair work.

Smoke Alarms shall be inspected and tested to ensure they are correctly installed and in working order and tested according to the manufacturer’s instructions at least once every 12 months.

Providing a record of the safety check

An electrician or REC performing an electrical safety check should provide a record of the electrical safety check to the rental provider. It should include:

• the 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 to be safe.

More information

Read our FAQs on Electrical safety inspections and testing

Let us know if there are other questions that should be on that list, by emailing us at ElectricalInstallationEnquiries@energysafe.vic.gov.au.

If you have specific questions about the new rental rule changes, contact Consumer Affairs Victoria on 1300 55 81 81 or via CAV’s online enquiry form.

If you have questions in relation to electrical technical information, contact us

• Electrical technical helpline on (03) 9203 9700 - select option 2
  or
• by email ElectricalInstallationEnquiries@energysafe.vic.gov.au