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Residential Tenancies and Rooming Accommodation Act 2008
sec.17APrescribed minimum housing standards
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### sec.17A Prescribed minimum housing standards
A prescribed minimum housing standard means a standard prescribed by a regulation.
A regulation may prescribe minimum housing standards for—
a residential premises let, or to be let, under a residential tenancy agreement; or
premises in which rooming accommodation is, or is to be, provided; or
inclusions for premises mentioned in paragraph (a) or (b) ; or
facilities in a moveable dwelling park.
A prescribed minimum housing standard may be about any matter relating to the premises, inclusions or facilities mentioned in subsection (2) , including, for example, the following—
sanitation, drainage, cleanliness and repair of the premises, inclusions or facilities;
ventilation and insulation;
protection from damp and its effects;
construction, condition, structures, safety and situation of the premises, inclusions or facilities;
the dimensions of rooms in the premises;
privacy and security;
provision of water supply, storage and sanitary facilities;
laundry and cooking facilities;
lighting;
freedom from vermin infestation;
energy efficiency.
If a regulation made under subsection (2) makes provision in relation to a matter and provision is also made in relation to that matter by, or under, any Act, the regulation—
if not inconsistent with the Act , must be observed in addition to that Act; and
if inconsistent with the Act , is, to the extent of the inconsistency, of no force or effect and that Act prevails.
A prescribed minimum housing standard, that purports to require a lessor to keep residential premises and inclusions clean after the start of a tenancy, is inconsistent with the obligations of a tenant under section 188 (2) .
A regulation may also prescribe how compliance with minimum housing standards is to be monitored and enforced.
s 17A ins 2017 No. 42 s 82
amd 2021 No. 19 s 31
(sec.17A-ssec.1) A prescribed minimum housing standard means a standard prescribed by a regulation.
(sec.17A-ssec.2) A regulation may prescribe minimum housing standards for— a residential premises let, or to be let, under a residential tenancy agreement; or premises in which rooming accommodation is, or is to be, provided; or inclusions for premises mentioned in paragraph (a) or (b) ; or facilities in a moveable dwelling park.
(sec.17A-ssec.3) A prescribed minimum housing standard may be about any matter relating to the premises, inclusions or facilities mentioned in subsection (2) , including, for example, the following— sanitation, drainage, cleanliness and repair of the premises, inclusions or facilities; ventilation and insulation; protection from damp and its effects; construction, condition, structures, safety and situation of the premises, inclusions or facilities; the dimensions of rooms in the premises; privacy and security; provision of water supply, storage and sanitary facilities; laundry and cooking facilities; lighting; freedom from vermin infestation; energy efficiency.
(sec.17A-ssec.4) If a regulation made under subsection (2) makes provision in relation to a matter and provision is also made in relation to that matter by, or under, any Act, the regulation— if not inconsistent with the Act , must be observed in addition to that Act; and if inconsistent with the Act , is, to the extent of the inconsistency, of no force or effect and that Act prevails. A prescribed minimum housing standard, that purports to require a lessor to keep residential premises and inclusions clean after the start of a tenancy, is inconsistent with the obligations of a tenant under section 188 (2) .
(sec.17A-ssec.5) A regulation may also prescribe how compliance with minimum housing standards is to be monitored and enforced.
- (a) a residential premises let, or to be let, under a residential tenancy agreement; or
- (b) premises in which rooming accommodation is, or is to be, provided; or
- (c) inclusions for premises mentioned in paragraph (a) or (b) ; or
- (d) facilities in a moveable dwelling park.
- (a) sanitation, drainage, cleanliness and repair of the premises, inclusions or facilities;
- (b) ventilation and insulation;
- (c) protection from damp and its effects;
- (d) construction, condition, structures, safety and situation of the premises, inclusions or facilities;
- (e) the dimensions of rooms in the premises;
- (f) privacy and security;
- (g) provision of water supply, storage and sanitary facilities;
- (h) laundry and cooking facilities;
- (i) lighting;
- (j) freedom from vermin infestation;
- (k) energy efficiency.
- (a) if not inconsistent with the Act , must be observed in addition to that Act; and
- (b) if inconsistent with the Act , is, to the extent of the inconsistency, of no force or effect and that Act prevails. Example of inconsistency between a prescribed minimum housing standard and an Act— A prescribed minimum housing standard, that purports to require a lessor to keep residential premises and inclusions clean after the start of a tenancy, is inconsistent with the obligations of a tenant under section 188 (2) .