The national baseline: fit for habitation
All Australian states require that rental properties be 'fit for habitation'. This means the property must:
This baseline has existed in all states for years. What has changed in 2024–2025 is that several states have introduced detailed minimum standards lists that go considerably further.
- Be weatherproof — keeping out rain and wind
- Have a functioning toilet and bathroom
- Have safe and functional electricity, gas, and plumbing
- Have working locks on all external doors and windows
- Be free from significant structural defects or pest infestations
Victoria: the most detailed minimum standards
Victoria introduced a comprehensive minimum standards list in 2021 that now applies to all rental properties. The property must have:
If your rental in VIC does not meet these standards, your rental provider is in breach of the legislation and you can apply to Consumer Affairs Victoria for enforcement.
- A fixed heater in the main living area (not a portable heater)
- Adequate natural light in all rooms used for living
- Roof and ceiling insulation (new leases from 2022; all leases from 2023)
- Draught sealing on external doors and windows
- Functioning blinds, curtains, or privacy screens on all windows visible from outside
- A vermin-proof rubbish bin
- Working cooktop, oven, and kitchen sink
- An internal laundry facility or access to a shared laundry
Queensland: minimum housing standards from September 2024
QLD introduced a new minimum housing standards framework that applies to all tenancies from September 2024:
This is the most recent major minimum standards update and many Queensland landlords are still unaware of all the requirements.
- The property must be weatherproof
- Structurally sound with no significant risk of collapse
- Have functioning plumbing, sewage, and water supply
- Have adequate natural light and ventilation
- Be vermin proof — no significant holes, gaps, or entry points
- Privacy screens or coverings on all windows visible from outside
- All fixtures and fittings in good repair and working order
NSW, WA, SA, and other states
NSW, WA, and SA apply the general 'fit for habitation' standard along with specific requirements:
Even in states without detailed lists, the 'fit for habitation' requirement gives tenants grounds to demand improvements to genuinely substandard conditions.
- NSW: the property must be structurally sound, waterproof, have functioning plumbing and electrical systems, adequate ventilation, locks on all external doors and windows, and be free from significant mould or damp
- WA: similar baseline requirements; the state is considering more detailed minimum standards legislation as part of broader reform discussions
- SA: minimum standards require the property to be maintained in a habitable state throughout the tenancy; specific requirements around water, electricity, and gas services apply
What to do if your rental fails minimum standards
If your rental property does not meet the applicable minimum standards:
Failing to meet minimum standards is not just a breach of the lease — it is a breach of the legislation, which gives you stronger remedies than a standard contractual dispute.
- Document the deficiency with photographs and written description
- Write formally to your landlord or agent identifying the specific standard not met and requesting it be rectified
- If there is no response within the required timeframe, escalate to your state regulator
- In VIC, Consumer Affairs Victoria can conduct inspections and issue compliance notices
- In all states, you can apply to the tenancy tribunal for a compliance order
