A new legal obligation under section 65B
A newly inserted section 65B of the Residential Tenancies Act 1997 (Vic)
now provides that:
A rental provider or the provider’s agent must not advertise or otherwise offer premises for rent
unless they reasonably believe the premises comply with the Rental Minimum Standards.
This represents a significant shift in the law.
Previously, the focus was largely on whether a property did meet the Rental Minimum Standards.
The law now also focuses on what the landlord believed at the time of advertising,
and whether that belief was reasonable. Importantly,
breaches of section 65B attract penalties.
Why “reasonable belief” matters
A reasonable belief is not an assumption and
not a visual impression.
If compliance is questioned by Consumer Affairs Victoria, VCAT, or an insurer,
a landlord may be required to demonstrate:
- what steps were taken to confirm compliance; and
- what evidence supported that belief at the relevant time.
Without evidence, it is very difficult to establish that the belief was reasonable.
This is why a documented Rental Minimum Standards inspection has become critical.
Why property managers cannot determine compliance
While we are more than happy to assist our clients wherever possible, our experience shows that
property managers are not able to determine compliance with certain aspects of the Rental Minimum Standards,
particularly where technical assessment or installation is required.
-
Mould and dampness
Property managers are not trained to use moisture meters or interpret moisture readings.
Many dampness issues are not visible and require specialist equipment and expertise.
-
Blind cord anchor installation
Property managers often experience difficulty determining the correct fixing methods for different wall types.
Incorrect installation may result in non-compliance and safety risks.
|
In addition, our professional indemnity, public liability, and workers’ compensation insurance
do not extend to these types of risks, nor do they cover employees using specialist tools
or installing safety devices.
This means that, despite good intentions, attempting to undertake these tasks could expose both
our clients and our agency to unnecessary risk.
|
Our approach and recommendation
After reviewing three service providers, we have selected Task Force to carry out
Rental Minimum Standards checks. They offer a cost-effective solution using
qualified technicians who can:
- perform the required compliance checks; and
- install blind cord anchors where required.
Our position
Our recommendation is made to reduce your risk.
To our knowledge, Consumer Affairs Victoria is actively using RTBA data
to issue questionnaires to tenants and encourage reporting of non-compliant properties.
If you choose to decline this recommendation, we respect your decision, provided you acknowledge
that the recommendation has been made and agree to waive any liability on our part in relation
to these matters.
We hope the above clarifies the reasons for our recommendation.
As always, we are here to assist and are happy to discuss this further should you require clarification.