As the crisp chill of winter approaches or the sweltering heat of summer looms, many Australians find themselves reaching for the thermostat to adjust the heating or cooling in their homes. But for renters, this simple act of comfort can be a source of contention and confusion. Are landlords legally required to provide adequate heating and cooling in rental properties? The answer is not as straightforward as one might hope, and it varies across the states and territories.

The concept of 'habitable' housing is central to tenancy legislation across Australia. While the specifics can differ from state to state, the underlying principle is that a rental property must be safe and comfortable to live in. Senior research fellow at the University of NSW City Futures Research Centre, Dr. Chris Martin, emphasizes that if extreme temperatures render a property 'unbearably uncomfortable,' it may not meet the legal definition of habitable. In such cases, landlords could be in breach of the tenancy agreement if they fail to address the issue.

But what does this mean for you, the renter? If you find yourself shivering through the winter or sweating through the summer, you have the right to request that your landlord install a fixed heating or cooling unit. Should they refuse, you may be entitled to take the matter to a tribunal for a breach of agreement, seek a rent reduction, or even claim compensation for any illness caused by the inadequate temperatures.

Are landlords legally required to provide adequate heating and cooling in rental properties? Credit: Shutterstock

The push for minimum rental standards has gained momentum in recent years, with states and territories amending their tenancy laws to ensure landlords meet basic livability conditions. However, these standards vary significantly across the country.

In New South Wales, for example, the law requires rental properties to meet seven minimum standards, but fixed heating or cooling units are not explicitly mandated. Victoria, on the other hand, has taken a more proactive stance, requiring all rental properties to have a fixed heater in the main living space that meets energy efficiency requirements. Tasmania also requires heating as a minimum standard in the main living area.

The situation is less clear in other jurisdictions. South Australia is set to implement reforms from July 1, 2024, which will include minimum housing standards, while the Northern Territory, ACT, and Western Australia are yet to introduce specific minimum standards for heating and cooling.

It's worth noting that improvements to rental properties, such as the installation of energy-efficient heating or cooling systems, could lead to an increase in rent. However, Dr. Martin points out that these upgrades can also result in cost savings for tenants in the long run.

The issue of 'no grounds' evictions remains a contentious one, with calls for reforms to protect renters from unreasonable terminations without cause. While some jurisdictions have made strides in this area, others have yet to address the problem.

As a member of the Seniors Discount Club, it's important to be aware of your rights and the obligations of your landlord when it comes to heating and cooling. If you believe your rental property does not meet the required standards, don't hesitate to raise the issue with your landlord or seek advice from a tenancy support service.

Key Takeaways

• Heating and cooling requirements in rental properties vary by state and depend on whether the home can be considered 'habitable' in terms of safety and comfort.
• Victoria has set higher minimum rental standards, including the requirement for energy-efficient heaters in the main living area.
• Minimum housing standards differ across Australian states with some including structural soundness, natural light, ventilation, privacy in bathroom facilities, and in one case, heating as a minimum requirement.
• Some experts advocate for further reforms to rental laws to protect tenants' rights, including the elimination of no-grounds terminations, and argue that while improvements may lead to rent increases, they can also lead to energy savings and better living conditions for tenants.

We invite you to share your experiences with heating and cooling in rental properties. Have you faced challenges in getting your landlord to provide adequate temperature control? How did you resolve the issue? Your insights could help fellow renters navigate this complex area of tenancy law. Join the conversation in the comments below and let's ensure that every Australian renter can enjoy a comfortable and habitable home, no matter the season.

 

[Littleboy8]

I have great heating and cooling in my rental but 3 of my neighbours don’t have anything inbuilt, I find this really odd as they are all the exact same design inside.