June 09, 2022
Property Management

Property Management – A Guide to Compliance

News & Insights
Residential Rental Providers must ensure their properties comply with new laws relating to gas, electrical and smoke detectors...

The clock is ticking for Residential Rental Providers to ensure their properties comply with new laws relating to gas, electrical and smoke detectors. Marshall White Property Manager Peta Blacklaw explains.  

Following last year’s sweeping changes to the Residential Tenancies Act, and more than half-way into the two-year timeframe for all compliance-related works to be completed, some RRPs are stalling, leaving themselves open to liability and costly compensation.

The new requirements, particularly the legislative changes that apply to gas, electrical, and smoke detectors are significantly important as they have been put in place to ensure Renters’ safety.

The Property Managers’ role is to facilitate compliance services across all areas. Since the changes came into place, the Marshall White Property Management team has been working closely with our clients to make sure all our properties are safe and compliant.

The first stage of the gas, electrical and smoke detector legislation changes came into force in March 2021, with all rental properties across Victoria needing to be fully compliant by March 2023.

The legislation requires all new tenancies including renewal of existing leases to have the compliance services conducted, and further works completed to ensure the safety and compliance of the residential property.

All rental properties across Victoria will need to be compliant by March 2023.

Compliance Key Points

  • Compliance for gas, electrical and smoke detectors are legislated requirements.
  • Gas and electrical servicing must be conducted every two years and smoke detectors annually.
  • The services are to be conducted by a ‘suitably qualified technician’, meaning the technician must be qualified to authorised industry standards to conduct the compliance services.
  • The renter can request the ‘Certificate of Compliance’ and we must be able to provide this within seven days of the request.
  • We may not be able to continue to manage the property if the owner doesn’t comply with the legislation.
  • Liability: If an owner doesn’t arrange the compliance services, they may be open to legal action by the Renter and may be listed on the Non-Compliance Register.

So, in summary, the owner must conform to the legislation. An RRP’s insurance may be affected if they do not comply, and they may be open to liability and legal consequences such as compensation costs.

The vast majority of our RRPs see the value in investing in safety upgrades to their properties, and most are already fully compliant. However, there are some older properties that may not be compliant, so we will continue to work with owners to ensure compliance.

As Property Managers we believe the Compliance laws are a positive for the whole rental market and is a win/win for both RRPs and Renters.

Should you require advice on any aspect of leasing your property, contact our Marshall White Property Management Team for assistance on (03) 9822 8711.

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