Australian Capital Territory Numbered Acts

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RESIDENTIAL TENANCIES LEGISLATION AMENDMENT ACT 2023 (NO. 5 OF 2023) - SECT 14

New division 2.5

insert

Division 2.5     Minimum housing standards

19A     Minimum housing standards

    (1)     A regulation may prescribe minimum standards for premises made available for occupation under a residential tenancy agreement (the  minimum housing standards ), including in relation to the following matters:

        (a)     physical accessibility;

        (b)     energy efficiency;

        (c)     safety and security;

        (d)     sanitation;

        (e)     amenity.

    (2)     A regulation made for subsection (1) may apply, adopt or incorporate a law or instrument as in force from time to time.

Note     The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act

, s 47 (5) or (6) is not disapplied (see s 47 (7)).

19B     Lessor's obligations about minimum housing standards

    (1)     A lessor must ensure that premises made available for occupation under a residential tenancy agreement comply with the minimum housing standards applying to the premises not later than the proposed compliance date mentioned in section 12 (4).

    (2)     If, after entering into a residential tenancy agreement, the lessor becomes aware that the premises do not comply, or no longer comply, with a minimum housing standard applying to the premises, the lessor must ensure the premises comply with the standard as soon as practicable after becoming aware of the noncompliance.

19C     Lessor must keep records about minimum housing standards

A lessor must keep the following records for premises made available for occupation under a residential tenancy agreement:

        (a)     if the premises are required to comply with a minimum housing standard—evidence that the premises comply;

        (b)     if the premises are exempt from complying with a minimum housing standard—evidence supporting the exemption;

        (c)     any other record prescribed by regulation.



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