Health, safety and security in a rental property

It is the landlord's duty to make sure the rental complies with health and safety regulations.

To guarantee that the property is at least minimally secure, landlords must also supply and maintain locks or other security measures.

Every rental agreement has these provisions, and landlords who violate them will be in violation of the contract. These obligations are a necessary aspect of property management.

Would you like to speak to a specialist? Book a complimentary discovery session by calling: (03)999 81940 or emailing team@klearpicture.com.au.

Entry to the property for workers

Landlords are not allowed to prevent tradespeople from entering a residential property in order to perform maintenance or repairs because doing so poses a risk to the health and safety of any occupants of the building, as well as to the possibility that the gas, electricity, water, telecommunications, or other services that are provided to the building will be interrupted.

Pest and vermin

During a tenancy, who is in charge of eliminating vermin or pests depends on whether:

• When the tenant came in, there were existing issues with pests or vermin.
• The property has a flaw that has allowed the pests to get in or an infestation to start.
• The issue was a result of the tenant.

In most cases, pest and vermin problems that arise at the beginning of the rental are the landlord's responsibility. This is under the landlord's obligation to give the renter a home that is at least moderately clean and suitable for habitation.

If the issue arises after the tenant has moved in, and if it was caused by the tenant's conduct or lack of cleanliness, then the renter is often responsible for getting rid of the pests and vermin that have caused the issue. For instance, the tenant might keep a pet on the premises or might neglect to collect the trash, both of which could result in the presence of unwanted guests such as rats, cockroaches, and ants.

If a tenant believes that the pest infestation was not caused by their acts or a lack of cleanliness on their part, they should not be held accountable for the cost of exterminating the pests. For example, if there is a crack in the wall that rodents can use to enter the building.

When deciding who is responsible for damages, it is possible that the past history of the property, the specifics of the condition report, and the existence of mitigating circumstances will all be taken into consideration. If there is a disagreement regarding who is responsible for the elimination of pests, both landlords and tenants are welcome to use our free service to help resolve the conflict.

Mould

Mold has been linked to a variety of respiratory conditions and has the potential to create major health issues.

Mold can grow on a variety of surfaces, including wood, ceilings, bathroom tiles, carpets (especially those with a jute backing), insulation material, and walls or wallpaper, if there is little ventilation.

Mold is likely to start growing inside of a structure if there is a buildup of moisture there. Each distinct form of mould, of which there is a vast assortment, carries with it the potential to adversely affect people's health.

One of the requirements that must be met before a structure can be considered suitable for human occupancy is that it must have adequate ventilation.

The origin of the mould can be identified depending on who is to blame for its presence. To give you an example:

• In the event that mould developed as a consequence of an accumulation of moisture as a result of the landlord's failure to repair a broken window within a reasonable period of time or the residence's lack of sufficient ventilation, the landlord is responsible for the issue and is required to fix it.
• If the mould started growing during the term of the lease, and the renter is found to be at fault because the tenants failed to use ventilation fans in the bathroom or open any windows, which contributed to a buildup of moisture, then the renter may be held guilty.

In addition to this, timing is important. Mold growth that emerges not long after the beginning of the tenancy could be considered to be pre-existing harm. Mold is given its own section in the condition report; as a result, landlords, agents, and tenants are all required to make a note of the presence of mould while filling out the report.

Even if there is evidence of mould on the condition report, landlords are still responsible for keeping the property in a satisfactory state of repair as required by law.

Throughout the duration of the lease, tenants are required to immediately notify either the landlord or the agent if they observe any signs of mould or wetness.

If the mould is putting the health of the renters or any of the other occupants at risk, then the repair could be considered an emergency. Please refer to the damage, maintenance, and repairs sections for any more information.

Call 1300 066 055 for more information about the health dangers of mould, then speak with the Public Health Unit in your area.

Installing smoke alarms that work properly is the most effective way to notify people in the event that there is a fire in their home.

At least one smoke alarm is required to be put on each floor of a rental home, preferably in a corridor outside of each bedroom or in another appropriate location. This requirement applies to all floors. The smoke alarm and the heat alarm both have to work, and neither one of them can be removed or turned off.

Tenants are obligated to notify their landlord or agent as soon as a smoke alarm stops functioning, even if the problem is as simple as the need to replace the battery.

Additional requirements for smoke alarm installation apply to both tenants and landlords.

Please refer to the damage, maintenance, and repairs sections for any more information.

Visit Fire and Rescue VIC for general information about fire safety and fire escape routes.

Gas heaters

All gas water heaters should have routine maintenance performed by authorised service providers, according to the Australian Gas Association. Landlords must constantly make sure that:

• The ventilation for the heaters in the bathrooms and kitchen is not hampered, and the heater flue pipes are unhindered by any obstructions or holes.
• No proof exists that the heater produced soot deposits.
• The heater and flue show no indications of discolouration.

For further information, get in touch with the Master Plumbers Association.

Windows and balcony safety

In the state of Victoria, it is mandatory for all residential stratum structures to have window safety devices fitted so that the maximum window opening is kept to less than 12.5 centimetres.

If the devices can be unlocked or disengaged, then they are required to have a child-resistant mechanism built into them, and they must be able to withstand a force of at least 250 newtons (equivalent to 25 kg of force). It is not obligatory of landlords to monitor or enforce the usage of window safety measures in their tenants' apartments.

Spas and swimming areas

Landlords are required to adhere to the Swimming Pools Act of 1992's requirements if a rental property has a pool. To do this, the majority of pools must be encircled by a fence that divides the pool from the home.

At the time that the agreement is signed, the landlord or agent is obligated to give a copy of either the most recent certificate of compliance or the most recent certificate of occupation that was issued within the past three years. This does not apply if the property is contained within a strata or other community development that contains more than two individual lots.

Security measures and locks

Locks and other forms of security must be provided by landlords, as well as maintained by them, so that tenants can feel at least some sense of safety in their living space. Different degrees of precaution are going to need to be taken depending on the conditions.

During the tenancy, either the landlord or the tenant may modify or add locks or other security measures with the agreement of the other party or if there is a valid justification for doing so. The tenant is responsible for paying any costs associated with the alterations or additions.

There are several circumstances in which it is acceptable to alter, remove, or add a lock or another form of security feature without prior authorisation, including the following examples:

• anything urgent
• to abide by a VIC Civil and Administrative Tribunal order
• where the tenure of a co-tenant ended
• where an interim, provisional, or final Apprehended Violence Order restricted a renter or occupier from entering the property (AVO). Unless otherwise agreed, the other party shall receive a duplicate of the altered lock or another security device within seven days after the lock's alteration.

Changing locks or security systems in a rental unit without the landlord's permission or a good reason is against the law and a violation of the tenancy agreement.

Tenants who intend to replace the locks on their apartment should always try to get their landlord or agent's permission first.

The renter will be responsible for paying for the cost of the replacement locks.

Electrical safety

Electrical faults and faulty appliances are responsible for forty percent of all house fires that occur annually in Victoria households.

Any electrical problem in a rental property, whether it occurs before or during a tenancy, is considered an urgent repair, and tenants are obligated to immediately notify the landlord or agent of the problem in order for plans to be made for the repair to be completed as quickly as is practically possible.

The following is excerpted from the report on the current situation of the property:

* the obvious dangers that come with using electricity (e.g. a loose or damaged electricity outlet socket, loose wiring or sparking power points)

* safety switches and confirming the operation of the switches themselves, which can only be done through testing.

For additional information, go to the Electrical Safety page on the website of the VIC Government.

5 Christmas safety reminders for property managers and renters alike

Did you know that the majority of break-ins take place over the holidays?

According to the Victorian Bureau of Crime Statistics and Research, the bulk of property offences, such as break-ins and burglaries, take occur between the hours of nine in the morning and six in the evening on Christmas Eve. This is the most active time for these types of crimes.

If you are going to be away from home over the Christmas season, it is imperative that you take the necessary precautions to ensure its safety. The following are five vacation safety tips for landlords and tenants, which we hope will be of assistance to you:

1. Put your mail on hold

A slew of unattended packages on your front porch or an overflowing mailbox are two surefire ways to attract the attention of a thief. To reduce the possibility of having packages stolen or your home broken into while you are away on vacation, make arrangements to have your mail held or forwarded to a reliable friend or member of your family. Also, cancel any and all subscriptions to journals or newspapers that are sent on a regular basis.

2. Keep your valuables hidden

Because most break-ins are random and unplanned, you should make sure that your valuables are hidden before you leave the house. Make sure that they are hidden from view because thieves looking for easy targets may be interested in expensive items such as jewellery, money, presents, and technology.

Take extra precautions when throwing away the packaging from gifts and appliances. If a potential intruder sees an empty box for a 72-inch Samsung television outside your home, they are quite likely to assume that you have recently purchased a new television for your living room.

3. Organise your yard

Cleaning up your yard is another another piece of vacation safety advice that may be given to landlords and tenants. Take away any equipment, like crowbars and ladders, that a thief could use to break into your home and steal your belongings. The garage is the appropriate location for securing all of these items.

In addition, overgrown trees and bushes provide good hiding spots for thieves; therefore, you should ensure that these are pruned regularly. A well-kept yard gives the impression that someone is living in the house, which is another important factor in reducing the risk of a break-in.

4. Light it up

Being caught in the act is the single most frustrating thing that can happen to a burglar. Because of this, spots that are well lit and lights that come on automatically when someone walks near the outside of your home are also good deterrents against burglars. If you want to give the idea that someone is home, setting timers on the lights inside your home is a great way to do so.

5. Don't share your vacations on social media

ABC News reports that a number of homes belonging to celebrities residing in the Los Angeles area, including Rihanna and Nicki Minaj, were broken into a few months ago. The victims had been targeted because the robbers had chosen them based on "social media postings, touring or travel itinerary of the owners."

Therefore, if you were thinking about browsing Facebook while sipping a drink in Bali, you should probably rethink that plan. Sharing status updates and images on social media while you are away from home sends the message to potential burglars that the residence is unoccupied and unguarded. Keep in mind that whenever you get back from your trip, you may always submit new updates and photographs on your website.

To summarise...

For landlords and tenants, here are five holiday security suggestions:

1. Put your mail on hold.

2. Keep your valuables hidden

3. Maintain the yard.

4. Turn it on.

5. Avoid sharing your travels on social media

How to Ensure the Safety of Your Tenants

You, as the landlord, expect rent payments from your tenants, and the tenants expect to have a safe place to live. In order to keep these secure conditions, the home's structural integrity must be preserved in addition to the protection it provides against the possibility of a break-in. Even though certain safety measures are mandated by law, showing your tenants that you place a high value on their well-being will help you cultivate strong relationships with them. The law may require certain safety measures. The following are some pointers that we have for ensuring that your tenants feel safe and secure in the rental you provide for them:

Proper lighting

Utilising external lighting is an effective method for deterring would-be thieves from breaking and entering a home. Motion-detecting lights can be installed both in the front and in the back of the structure. Adding lights to the porch is another good option. A sufficient amount of lighting inside is also of equal importance. The residence should have adequate illumination throughout so that any potential hiding places for burglars can be easily seen. In addition to this, it lets renters to see where they are stepping, which helps to prevent falls, accidents, and the consequent costs associated with legal action.

Secure doors

Make sure that all of the doors, including the screen door and the main door, have locks fitted on them. It is recommended to instal deadbolts on the principal doors in the event that there is a break-in. In addition, because hollow or glass doors are so easily broken, it is recommended that you use doors that are constructed of a strong material like steel or wood. There are a variety of additional components, including as chain locks, peepholes, and intercom systems, which may be installed in residential doors to enhance both safety and security.

Secure windows

Criminals are masters at breaking in, whether it's a ground-floor house or a multi-story building. It is crucial that all windows have functional locks and exterior security screens for this reason. You should swap out the old mesh fly screens for newer, more secure ones because the old ones are simple to shred or remove.

Security alarm

The installation of a security system is a strategy that is quite effective in preventing criminal behaviour, despite the fact that it could appear to be superfluous. Nowadays, many new do-it-yourself security systems can be accessed remotely and are quite easy to set up. You should perform routine maintenance checks on alarm systems to ensure that they are in good working order, just as you would with any other component of the property.

Delete anything blocking the entrances

Gardens filled with trees and bushes are wonderful for maintaining one's solitude, but they do little to enhance one's sense of security. Intruders who are looking for somewhere to hide shouldn't be skulking around the yard, especially not in the area that is close to the concealed entrances. If there are any large plants or other unnecessary constructions at the doorway of the rental property that could put the tenant's safety in jeopardy, you should probably take them down.

Smoke alarms

Installing a smoke alarm in your home that is in top working order is one of the most important things you can do to ensure your family's safety. In addition to being a good idea, this is something that is mandated by law to be present in any and all rental properties, preferably in each and every room.

At your home, twice a year, a professional will come to test, clean, and, if required, repair your smoke alarms for a one-time fee of just $99 a year. Finding companies that provide smoke alarm compliance and maintenance services is not difficult.

As a potential supplier, we are interested in Smoke Alarm Solutions. The fact that these companies also provide you with a Certificate of Compliance is something that a lot of people aren't aware of.

With this certificate, both you and your tenant are protected from legal action, and the smoke alarm compliance company takes full responsibility for any potential hazards that may arise.

Would you like to speak to a specialist? Book a complimentary discovery session by calling: (03)999 81940 or emailing team@klearpicture.com.au.

Maintenance of appliances and structures

The upkeep of the property is just as important to the safety of the tenants as the provision of security against criminal activity. Periodically and on a consistent basis, safety checks should be performed on any and all internal and external structures, and any necessary repairs should be carried out without delay.

You should evaluate the ceilings, roofs, walls, floors, staircases, verandas, and surrounding areas in order to look for any signs of damage and to ensure that the structure is still sound. In addition, it is necessary to inspect and maintain appliances such as heaters, fans, dryers, and ovens. Power outlets and light fixtures can be hazardous to your health if they are not maintained regularly and kept in good operating order.

In addition, you are obligated to keep records of any and all safety inspections that have been carried out, including photographs, notes, and dates.

As a landlord, it is a part of your job to defend the right of your tenants to feel safe and secure in their own homes. This is a right that belongs to everyone.