# 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
- [ ] Smoke alarms installed (hard-wired, mains-powered)
- [ ] Smoke alarms tested and working
- [ ] Gas safety inspection completed (Certificate of Conformance obtained)
- [ ] Electrical safety inspection completed (Certificate of Compliance obtained)
- [ ] RCD (safety switch) tested and working
- [ ] All inspection certificates printed and filed

### Furniture & Appliances
- [ ] All furniture photographed (condition documentation)
- [ ] All appliances tested and working
- [ ] Appliance condition noted (any existing damage documented)
- [ ] Safety compliance of appliances verified
- [ ] Furniture inventory completed (Schedule B)

### Garden
- [ ] Structural garden elements (fences, walls, pergolas) inspected and repaired if needed
- [ ] Dead trees/hazardous branches removed
- [ ] Fire safety clearance verified with local council
- [ ] Garden in presentable condition (mowed, weeded, tidy)
- [ ] Drainage functional

### Documentation
- [ ] All inspection certificates filed in property folder
- [ ] Move-in condition report completed with photos
- [ ] Furniture/appliance inventory with photos attached
- [ ] Garden maintenance responsibilities clause prepared
- [ ] Furniture liability clause prepared
- [ ] All schedules (A-F) completed and attached to lease

---

## 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)

---

## LEGAL AUTHORITIES & COMPLIANCE

**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)

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## 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"

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