Unlawful residential premises
Sometimes properties which can ’ t lawfully be used for residential purposes are rented by landlords anyway and generally , these are the sort of dwellings that were initially constructed for another purpose , such as a garage or sleepout .
The Act has amended the definition of “ residential premises ” so that regardless of whether premises can be legally lived in , it is still considered a residential premises under the Residential Tenancies Act if it is lived in , or intended to be lived in .
This gives the Tenancy Tribunal full jurisdiction over cases concerning premises that are unlawful for residential purposes . It means that tenants living in unlawful residential premises will be protected by the minimum requirements in the Residential Tenancies Act , such as landlord responsibilities for complying with building , health and safety laws , cleanliness , maintenance and repairs , smoke alarms , insulation , bond lodgement , rent increase notices , and notice periods for ending a tenancy .
Tenancy Services can enforce the Act against landlords who breach it , regardless of whether premises are lawful for living in or not . In cases of unlawful residential premises , the Tribunal can now order :
• The landlord to repay the tenant all or some rent , depending on the circumstances of the matter
• That the tenant is not liable for rent arrears , compensation or damages unless it would be unjust not to make the tenant liable .
Methamphetamine contamination
Landlords can now test for methamphetamine in rental premises while tenants are living there , providing they give 48 hours ’ notice to tenants before entering the property . Landlords will have to tell the tenant what contaminants they are testing for and share the test results ( in writing ) with the tenant within seven days of receiving them .
The Act has also indicated that new regulations will be developed to prescribe the acceptable level for methamphetamine contamination , processes for testing ( including when to test ) and decontamination of rental properties . At the time of writing ( June 2023 ) these regulations are yet to be developed .
Once relevant regulations are in place , landlords will not be able to knowingly rent premises that are contaminated above the prescribed level ( as set out in the future regulations ) without decontaminating in accordance with the regulations . They will be liable for a financial penalty of up to $ 4,000 if they do so .
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