'Fit for Habitation' Standards

New Residential Tenancy Laws commence 23 March, 2020

Minimum standards to clarify ‘fit for habitation’

Landlords are currently required to provide the rented property in a reasonable state of cleanliness and ‘fit for habitation’.

The changes introduce 7 minimum standards which clarify the meaning of ‘fit for habitation’.

The minimum standards set clearer expectations for landlords and tenants and will apply to all rented properties.

The standards are:

1. Structurally sound property
2. Adequate natural or artificial lighting in each room, except storage rooms or garages
3. Adequate ventilation
4. Supplied with electricity or gas and has adequate electricity or gas outlets for lighting, heating and appliances
5. Adequate plumbing and drainage
6. Connected to a water supply service or infrastructure for the supply of hot and cold water for drinking, washing and cleaning
7. Contains bathroom facilities, including toilet and washing facilities, which allow user privacy.

All NSW landlords will need to ensure that their rented properties meet the minimum standards to be fit for habitation by 23 March 2020.

Rented properties are already required to be fit for habitation and should already meet these basic standards.

If a rented property meets the minimum standards, it does not automatically mean that it is ‘fit for habitation’, as these are baseline standards and are not a full list of whether a property is fit for habitation.

These standards must be met at the start of each tenancy and must be maintained throughout the tenancy (by way of repairs).