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Minimum Rental Standards in Australia: What a Property Must Meet by State

By Recording Law Editorial Team9 min read
Minimum Rental Standards in Australia: What a Property Must Meet by State

Frequently Asked Questions

Which Australian jurisdiction has no minimum rental standards at all?

Western Australia. It has no dedicated statutory minimum-standards regime; only general implied terms under sections 42, 43 and 45 of the Residential Tenancies Act 1987 (WA) apply. A proper minimum-standards regime is part of WA's announced but unenacted Phase 2 reform.

What must a rental property meet in New South Wales?

Under section 52(1A)-(1B), it must be structurally sound, weatherproof, adequately lit and ventilated, have a reasonable number of power outlets, working plumbing, hot and cold water, cooking facilities, private bathroom facilities and functioning locks.

Does a Victorian property have to meet minimum standards before it's advertised?

Yes, since 25 November 2025. Section 65B of the Residential Tenancies Act 1997 (Vic) requires the applicable minimum standards to be met at the time the property is advertised for rent, not only by the time a tenant moves in.

Can a South Australian tenant end a tenancy over a property's poor condition?

Yes. Under section 85B of the Residential Tenancies Act 1995 (SA), a tenant can terminate on 7 days' notice if the property fails to meet the standards required under the Housing Improvement Act 2016 and section 67A.

What minimum standard does the ACT currently require?

Currently just a ceiling-insulation standard, prescribed by regulation under the head of power in section 19A of the Residential Tenancies Act 1997 (ACT). This is narrower in scope than New South Wales or Victoria's itemised standards.

Are new minimum standards coming to Victoria?

Yes, but not yet in force. Stronger bond-claim evidence and record-keeping rules and mandatory two-yearly gas and electrical safety checks commence 13 October 2026, and phased Minimum Energy Efficiency Standards begin from 1 March 2027.

Where do Queensland's minimum standards come from?

The Residential Tenancies and Rooming Accommodation Regulation 2025, made under section 17A of the Act. The Regulation took effect 1 September 2025, though its standards were applied to all tenancies from 1 September 2024.

What can I do if my rental property doesn't meet the minimum standard?

Contact your state or territory's tenancy authority to confirm the standard that applies and how to raise a non-compliance, and consider a tribunal application if the landlord does not remedy it. In South Australia, failing standards can support a 7-day termination notice under section 85B.

Sources and References

  1. Residential Tenancies Act 2010 (NSW) s 52 (minimum standards)(legislation.nsw.gov.au).gov
  2. Residential Tenancies Act 1997 (Vic) ss 65, 65A, 65B (minimum standards)(legislation.vic.gov.au).gov
  3. Residential Tenancies Act 1987 (WA) ss 42, 43, 45 (implied terms)(austlii.edu.au)
  4. Residential Tenancies Authority Queensland: Minimum housing standards(rta.qld.gov.au).gov
  5. Residential Tenancies Act 1995 (SA) s 85B (termination for failure to meet standards)(austlii.edu.au)
  6. Residential Tenancy Act 1997 (Tas) Part 3B (minimum standards)(legislation.tas.gov.au).gov
  7. Residential Tenancies Act 1997 (ACT) s 19A (minimum standards head of power)(legislation.act.gov.au).gov
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