Minimum Housing Standards
With the implementation of the Minimum Housing Standard Legislation affecting all new rental properties or resigned tenancies from 1st September 2023 (and across all properties from 1st September 2024), we look at what is considered an Emergency Repair.
Under the Act, emergency repairs refer to any of the following:
- a burst water service or a serious water service leak
- a blocked or broken lavatory system or fittings
- a serious roof leak
- a gas leak
- a dangerous electrical fault
- flooding or serious flood damages
- serious storm, fire or impact damage
- a failure or breakdown of the gas, electricity or water supply to the premises
- a failure or breakdown of an essential service or appliance on premises for hot water, cooking or heating
- a fault or damage that makes premises unsafe or unsecure
- a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of premises, or
- a serious fault in any staircase, lift or other common area which inhibits or unduly inconveniences residents in gaining access to or using the premises.
Minimum housing standards came into effect for new tenancies on 1st September 2023, meaning the property must meet minimum housing standards if a tenancy agreement is signed or renewed from this date. Minimum housing standards will come into effect for all remaining tenancies on 1st September 2024. Once minimum housing standards apply to the rental property, any repairs needed to make it comply with these standards will also be classified as emergency repairs.
If the repair is not listed above, it is considered to be a routine repair.
It is important to note that an emergency repair order lodged with QCAT does not expire even if the tenant moves or the property is sold – the order remains in place until it has been addressed.
For further information or clarity, please visit the Residential Tenancies Authority (RTA) website by clicking here or call us on (07) 3396 1396 at Sash & Gable Property – remember, we’re here to help.
Below is an animated video by the RTA explaining emergency and routine repairs and repair orders.