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Safety Compliance Schedule

Victorian RTA landlord obligations

SAFETY COMPLIANCE SCHEDULE - 69 CARR STREET, GEELONG

Victorian Residential Tenancy Act Compliance

Property: 69 Carr Street, Geelong VIC 3220
Furnished: Yes (2 bed, 1 bath)
Lease Type: 6-month residential tenancy

PART 1: MANDATORY LANDLORD OBLIGATIONS (CANNOT BE CONTRACTED OUT)

1. SMOKE DETECTOR TESTING & MAINTENANCE

Requirement: Hard-wired mains-powered smoke alarms (mandatory as of 1 September 2022)

Standards: AS 3786:2014 or AS 1670.1:2004

Landlord Obligations:
- Install compliant smoke alarms before tenancy commences
- Minimum installation: One alarm per storey with bedroom, plus hallways serving bedrooms
- Test functionality at commencement and end of tenancy
- Arrange annual inspection during routine property inspections
- Replace faulty alarms within 24 hours of notification

Cost: Landlord responsibility
Cannot be contracted out: No. Tenant cannot be required to purchase, install, or maintain smoke alarms.

Compliance Action for 69 Carr Street:
- [ ] Verify smoke alarms installed and compliant before tenancy starts
- [ ] Schedule annual testing (calendar reminder: [DATE TBD])
- [ ] Provide smoke alarm test certificate to tenant at move-in
- [ ] Include smoke alarm maintenance clause in lease

2. GAS SAFETY INSPECTION (Every 2 Years)

Requirement: Governed by Gas Safety Act 1997 and AS/NZS 3814

Scope: Gas pipework, connections, appliances (stove, heater, hot water system)

Landlord Obligations:
- Arrange initial inspection before tenancy commences (Licensed Gas Fitter)
- Conduct inspection every 2 years (AS/NZS 3814 standard)
- Obtain Certificate of Conformance
- Arrange final inspection before tenancy ends
- Maintain compliance with Gas Installation Code

Licensed Inspector Requirement: Only qualified licensed gas fitters can inspect

Cost: Landlord responsibility (~$200-400 per inspection)

Cannot be contracted out: No. Landlord cannot require tenant to arrange or pay for mandatory gas inspections.

Compliance Action for 69 Carr Street:
- [ ] Schedule initial gas safety inspection before tenant move-in
- [ ] Retain Certificate of Conformance in property file
- [ ] Calendar reminder: 2-year inspection (scheduled for [DATE TBD])
- [ ] Include gas safety compliance clause in lease

3. ELECTRICAL SAFETY INSPECTION (Every 5 Years)

Requirement: Governed by Electricity Safety Act 2012 and AS/NZS 3000

Scope: Switchboard, power outlets, switches, lighting, fixed appliances, earthing/bonding

Landlord Obligations:
- Arrange initial inspection before tenancy commences (Licensed Electrical Contractor)
- Conduct inspection every 5 years (maximum interval for residential rentals)
- Conduct RCD (safety switch) testing annually (minimum)
- Obtain Certificate of Compliance
- Arrange inspection after any electrical work by qualified electrician
- Maintain RCD in working order

Licensed Inspector Requirement: Only qualified Licensed Electrical Contractors can inspect

Cost: Landlord responsibility (~$300-600 per inspection; ~$100-150 RCD test annually)

Cannot be contracted out: No. Landlord cannot require tenant to arrange or pay for mandatory electrical safety inspections.

Compliance Action for 69 Carr Street:
- [ ] Schedule initial electrical safety inspection before tenant move-in
- [ ] Schedule RCD test (annual reminder: [DATE TBD])
- [ ] Retain Certificate of Compliance in property file
- [ ] Calendar reminder: 5-year inspection (scheduled for [DATE TBD])
- [ ] Include electrical safety compliance clause in lease

4. FURNITURE & APPLIANCE SAFETY

Requirement: Consumer Goods Act 1983; Residential Tenancies Act 1997

What Applies: All landlord-supplied furniture, appliances, and fixtures

Landlord Obligations:
- Ensure all supplied items are safe and fit for purpose
- Comply with relevant Australian Safety Standards:
- Kitchen appliances: AS/NZS standards
- Furniture: Fire safety standards (AS/NZS 3758 for upholstered items)
- Electrical appliances: Safe Work Australia compliance
- Gas appliances: Proper installation and maintenance
- Consumer guarantee: 12 months statutory minimum
- Maintain items to prevent personal injury
- Replace or repair dangerous items immediately

Liability: Landlord is liable for personal injury caused by faulty landlord-supplied items

What CAN Be Contracted:
- Tenant may agree to routine maintenance (cleaning, filter changes) if properly trained
- Normal wear and tear maintenance can be tenant responsibility
- BUT safety compliance remains landlord obligation

What CANNOT Be Contracted Out:
- Landlord CANNOT contract out liability for dangerous appliances
- Cannot require tenant to accept unsafe or defective goods
- Cannot exclude liability for personal injury caused by faulty items
- Cannot include indemnity clauses requiring tenant to cover supplier liability

Cost: Landlord responsibility for replacement/repair of safety issues

Compliance Action for 69 Carr Street:
- [ ] Create furniture/appliance inventory with photos
- [ ] Verify all items comply with safety standards
- [ ] Document condition at move-in (Schedule B)
- [ ] Include liability clause in lease (see Schedule E below)

5. GARDEN MAINTENANCE - LANDLORD OBLIGATIONS

Requirement: Residential Tenancies Act 1997 - Property must be "fit for purpose"

Landlord Obligations (CANNOT Be Contracted Out):
1. Structural integrity: Maintain fences, gates, retaining walls, pergolas
2. Dangerous vegetation: Remove dead trees/branches posing safety hazard
3. Pest control: Address structural pest issues (termites, etc.)
4. Fire safety: Ensure property meets fire safety clearance requirements
5. Noxious weeds: Control weeds that are council health/safety issue
6. Access ways: Maintain clear pathways and fire exits

Tenant Responsibilities (Typical - Can Be Specified in Lease):
- Regular garden maintenance (mowing, weeding, tidying)
- Watering plants
- Minor pruning of non-structural vegetation
- Removal of household garden waste
- Cleaning gutters (if safe and accessible)

Landlord Cannot Avoid Responsibility For:
- Dangerous garden conditions
- Structural maintenance (fencing, walls, pergolas)
- Major pest problems
- Dead or hazardous trees
- Fire safety vegetation clearance (10m zone)
- Drainage functionality

Fire Safety Specific:
- Vegetation within 10 metres may need clearance (depends on fire rating)
- Landlord must ensure property meets local council requirements

Compliance Action for 69 Carr Street:
- [ ] Inspect garden and identify any structural issues (fences, walls)
- [ ] Identify and document any dead/hazardous trees
- [ ] Check fire safety clearance requirements with local council
- [ ] Before tenancy: Complete all structural garden work
- [ ] In lease (Schedule E): Specify tenant garden maintenance responsibilities
- [ ] Calendar reminder: Annual structural garden inspection ([DATE TBD])

PART 2: OPTIONAL CLAUSES FOR YOUR LEASE (Schedule E)

Clause 1: Furniture & Appliances (Normal Wear and Tear)

YOUR INTENTION: Contract out liability for furniture/appliances breaking during tenancy

WHAT THE LAW ALLOWS:
You CAN specify that the tenant is responsible for:
- Normal maintenance and cleaning of appliances
- Minor repairs (filter changes, light bulb replacement)
- Damage caused by tenant misuse or negligence

WHAT THE LAW DOES NOT ALLOW:
You CANNOT contract out liability for:
- Manufacturing defects
- Safety failures
- Items that fail due to normal use (not misuse)
- Personal injury caused by faulty appliances

RECOMMENDED CLAUSE (VCAT-Compliant):

Schedule E - Furniture & Appliances

  1. The Landlord provides the furniture and appliances listed in Schedule B at the commencement of this tenancy, in the condition described.

  2. The Tenant acknowledges receipt of these items and accepts responsibility for:
    - Normal maintenance and care of all appliances
    - Regular cleaning of appliances and furniture
    - Routine maintenance such as filter replacement, light bulb changes
    - Any damage resulting from Tenant misuse, negligence, or failure to maintain

  3. The Tenant is NOT responsible for:
    - Manufacturing defects or product failures under normal use
    - Damage resulting from normal wear and tear
    - Safety failures or mechanical breakdown from age/wear
    - Personal injury caused by faulty appliances (Landlord retains liability)

  4. The Landlord remains responsible for:
    - Ensuring all items are safe and fit for purpose
    - Replacing or repairing items that fail due to manufacturing defect or age
    - Maintaining safety compliance of all appliances
    - Ensuring no safety hazards from supplied items

  5. Any appliance or furniture item that becomes unsafe or non-functional must be reported by the Tenant to the Landlord immediately. The Landlord will repair or replace the item within 7 days.

  6. Bond deductions for damage will only be made for damage beyond normal wear and tear caused by Tenant misuse or negligence, documented with photographic evidence.

Why This Works:
- VCAT-compliant (doesn't try to exclude liability for safety/defects)
- Specifies tenant maintenance responsibilities clearly
- Protects you from claims about normal wear
- Keeps your legal liability for actual safety issues
- Survives VCAT challenge

Clause 2: Garden Maintenance (Tenant Responsibilities)

YOUR INTENTION: Landlord provides garden maintenance; tenant has limited responsibilities

WHAT THE LAW ALLOWS:
You CAN contract that the tenant is responsible for:
- Regular mowing and lawn maintenance
- Weeding of garden beds
- Watering plants
- Removal of household garden waste
- Minor pruning of plants (non-structural)
- Gutter cleaning (if safe and accessible)

WHAT THE LAW DOES NOT ALLOW:
You CANNOT contract the tenant to handle:
- Structural maintenance (fencing, walls, pergolas)
- Dead tree removal
- Major pest problems
- Fire safety clearance
- Noxious weed removal (council issue)
- Drainage repairs

RECOMMENDED CLAUSE (VCAT-Compliant):

Schedule F - Garden Maintenance

  1. Landlord Obligations (Non-Delegable):
    - Maintain all structural garden elements: fences, gates, pergolas, walls, retaining walls
    - Remove dead trees and dangerous branches
    - Address fire safety vegetation clearance (10m zone compliance)
    - Maintain functional drainage
    - Control noxious weeds that are council health/safety issues
    - Arrange professional pest control if structural pests (termites, etc.)
    - Maintain safe pedestrian pathways and fire exits

  2. Tenant Responsibilities (During Tenancy):
    - Regular grass mowing (at least fortnightly during growing season)
    - Weeding of garden beds and pathways
    - Watering of plants and lawn
    - Removal and disposal of household garden waste
    - Minor pruning of plants (non-structural vegetation only)
    - Cleaning of gutters where safe and accessible (ground level only)
    - Maintenance of garden tidiness and presentation

  3. Landlord Provided Services:
    - All structural maintenance and repairs
    - Professional tree removal if required
    - Initial landscape/garden setup at commencement
    - Pest control for structural issues
    - Major repairs to irrigation/drainage systems

  4. Property Return:
    - At end of tenancy, Tenant must return garden in same condition as at commencement (fair wear and tear excepted)
    - Grass to be mowed and gardens weeded
    - No deduction from bond for normal wear to garden
    - Bond deductions only for neglect or damage caused by tenant (e.g., dead gardens, removed plants)

  5. Dispute Resolution:
    - If dispute over garden maintenance, Landlord will inspect and take any necessary remedial action at Tenant's cost if tenant failed contractual obligations
    - Photographic evidence required before any deduction claimed

Why This Works:
- Clearly separates landlord non-negotiable obligations from tenant responsibilities
- Protects you from liability for structural work
- Provides basis for bond deduction if tenant neglects garden
- VCAT-compliant (doesn't try to shift non-delegable obligations)
- Specifies services you will provide

PART 3: ANNUAL SAFETY INSPECTION SCHEDULE

You must conduct annual safety inspections for your furnished rental property:

Item Frequency Responsible Party Typical Cost Next Date
Smoke Alarm Test Annually Landlord Included in safety check [TBD]
RCD (Safety Switch) Test Annually Licensed Electrician $100-150 [TBD]
Gas Safety Inspection Every 2 years Licensed Gas Fitter $200-400 Year 2: [TBD]
Electrical Safety Inspection Every 5 years Licensed Electrician $300-600 Year 5: [TBD]
General Property Condition Quarterly/Biannually Landlord (visual) Included [TBD]
Garden Structural Elements Annually Landlord (visual) Included [TBD]

PART 4: COMPLIANCE CHECKLIST BEFORE TENANCY COMMENCES

MUST COMPLETE BEFORE TENANT MOVES IN:

Safety Systems

Furniture & Appliances

Garden

Documentation

PART 5: WHAT TO INCLUDE IN YOUR RENTAL AGREEMENT

Add these sections to Schedule E (Additional Terms) of your Victorian RTA Form 1:

  1. Safety Compliance Notice
    - Confirm property complies with all smoke alarm, gas, and electrical safety standards
    - Provide copies of all inspection certificates

  2. Furniture & Appliances (Use Clause 1 above)
    - Tenant maintenance responsibilities
    - Landlord liability for safety
    - Inspection process at move-out

  3. Garden Maintenance (Use Clause 2 above)
    - Separate landlord and tenant responsibilities
    - Clarify what tenant must do
    - Clarify what you will provide

  4. Access for Safety Inspections
    - Specify that landlord can access for mandatory safety inspections
    - 24 hours' notice required (except emergencies)
    - Schedule: annual smoke/RCD, biennial gas, 5-yearly electrical

  5. Move-in/Move-out Inspection
    - Specify that property condition will be documented with photos
    - Furniture condition will be verified against inventory
    - Inspection timing (within 7 days of move-in, 7 days before move-out)

Primary Legislation:
- Residential Tenancies Act 1997 (Vic)
- Consumer Goods Act 1983 (Vic)
- Gas Safety Act 1997 (Vic)
- Electricity Safety Act 2012 (Vic)

Key Standards:
- AS 3786:2014 (Smoke alarms)
- AS/NZS 3814 (Gas installation safety)
- AS/NZS 3000 (Electrical wiring rules)
- AS/NZS 3758 (Upholstered furniture fire safety)

Enforcement Body: Victorian Civil and Administrative Tribunal (VCAT)

YOUR IMMEDIATE ACTIONS

  1. Before tenant move-in:
    - [ ] Schedule all required safety inspections (smoke, gas, electrical, RCD)
    - [ ] Get inspection certificates
    - [ ] Inspect and photograph garden for structural issues
    - [ ] Complete furniture/appliance inventory with photos
    - [ ] Prepare move-in condition report with photos

  2. In your lease agreement:
    - [ ] Add Schedule E (Furniture & Appliances clause - use Clause 1 above)
    - [ ] Add Schedule F (Garden Maintenance clause - use Clause 2 above)
    - [ ] Add access clause for annual safety inspections
    - [ ] Include safety compliance notice and inspection certificates

  3. Calendar reminders (Set NOW):
    - [ ] Annual RCD test (every 12 months)
    - [ ] Annual smoke alarm test (every 12 months)
    - [ ] Biennial gas safety inspection (every 24 months)
    - [ ] 5-yearly electrical inspection (every 60 months)
    - [ ] Annual garden structural inspection

  4. Before SRO submission:
    - [ ] Confirm all safety inspections completed and certificates obtained
    - [ ] Mention in SRO approval letter: "Property complies with all smoke alarm, gas, and electrical safety standards"

DOCUMENT PREPARED: May 2026
COMPLIANCE DATE: Based on Residential Tenancies Act 1997 (Vic) and current regulations
NEXT REVIEW: Before tenant move-in