Ending a lease for breach of minimum standards

IMPORTANT changes to rental laws during COVID-19 (coronavirus) emergency period

The COVID-19 emergency period for residential tenancies has now ended. New laws have started to help tenants and landlords as we transition out of the emergency period. Financial support for tenants and landlords affected by COVID-19 have been extended to 31 March 2021. Read about the:

  • Rental Relief Fund
  • Landlord Support Fund
  • Rental Arrears Payment Orders
  • COVID-19 residential tenancy emergency provisions

    Rental properties must meet minimum standards .

    Where an owner has provided a property that does not meet one or more of the minimum standards, the tenant should tell the owner immediately. The owner should:

    • immediately look at the issue with the tenant, or
    • where an owner has not provided a property that meets all the minimum standards the owner should fix the issue immediately.

    If the owner does not immediately fix the issue, the tenant can:

    • discuss this with the owner/agent to see when it will be fixed
    • terminate the lease (see Notice to terminate – for use by tenants ). If the owner fixes the issue before the date of effect of the notice to terminate, the notice is not valid and the tenant cannot move out. (see Breaking the lease - if you move out and the notice is not valid)
    • contact Rental Services. The Commissioner can investigate the breach and fine an owner. This investigation may result in the issue being fixed without a fine, but the Commissioner cannot order an owner to fix the issue.

    If you have questions about minimum standards, whether they apply, or whether they are not being met, contact Rental Services .

    Tenant advocacy and support

    There are independent advocacy support services available which protect the rights of people with disability. CBOS also helps clients who require extra support managing their MyBond account. Read more information on tenant advocacy and support using MyBond.

    Updated: 26 May 2020