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Proposed Residential Tenancy Regulations (Victoria) 2021 Changes

The objective of the Residential Tenancies Regulations is to prescribe matters authorised or required to be prescribed under the Residential Tenancies Act 1997. In respect to fire safety in a residential property, the new legislation sets out requirements for tenants to maintain prescribed safety devices including smoke alarms and carbon monoxide fire alarms.

CEO, Firewize
19 Jan, 2021

In 2020 The Victorian government drafted changes to the Residential Tenancies Regulations that covers the obligations of stakeholders (residential rental provider, rooming house operator, caravan owner, caravan park owner, site owner or SDA provider) covered by the Residential Tenancies Act (Vic) 2021 ("the Act").

Prescribed Safety Devices

For the purposes of the Regulations the following safety devices are prescribed in Section 24 of the Act—

Smoke Alarms

A smoke alarm is different from a smoke detector, in that a smoke alarm incorporates an audible warning device (alarm sounder) is manufactured to Australian Standard AS 3786 while a smoke detector does not include an audible warning device and is manufactured to Australian Standard AS1603.2-1997 AS 7240.7:2018.

Rental Provider Obligations (Safety Devices)

The Regulations require the Rental Provider (Landlord) must;

  • must maintain the premises in good repair and in a fit condition for occupation; and
  • agrees to do all the safety-related maintenance and repair activities set out in Part C of the Agreement.

 

Prohibited Terms within a Rental Agreement

According to the Regulations, there are terms (conditions or obligations) that are prohibited and must not form part of a rental agreement. As these conditions relate to fire safety the following restraint exists in Section 11 of the Regulations;

11 Prohibited terms
For the purposes of section 27B(1)(g) of the Act, the following are prescribed prohibited terms —

(f) a term which imposes fees for, or delegates, safety-related maintenance that is the responsibility of the residential rental provider;

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