As the nation shivers its way through yet another cold winter, Aussie renters are realising there’s very little they can do to help warm up their icy homes.
Dated properties fit with inadequate insulation, and a lack of heating solutions have left many renters with little choice but to put on some extra layers and wait until summer comes around.
A 2022 report by the tenancy advocacy organisation Better Renting found that renters’ homes in Australia routinely fell below 18 degrees Celsius during winter—the minimum temperature that the World Health Organisation regards as safe for indoor environments.
Flash back just a few months, and the complete opposite was true. Record heatwaves left those without air conditioning sweating away as temperatures reached record highs in many parts of the country.
This has left many tenants questioning the habitability of their homes and whether a property’s internal temperature gives them grounds to seek obligated home improvements through their landlord, such as improved insulation or installing HVAC systems.
While most state legislators are beginning to consider introducing new minimal rental standards, Build-it has melted the ice on the current rental rules and regulations to show how to fire your way to a warmer winter sooner.
Current rules
As you may have guessed, residential tenancy legislation in most states does not require the installation of a fixed heating or cooling unit at a rental property.
Currently, only Victoria requires all rental properties to have a fixed heater in the home. The heater must be installed in the main living space and meet energy efficiency requirements.
Consultations are currently being held about additional new standards in the state that would require the installation of a fixed cooling unit.
Fit for habitation
However, while landlords are not obligated to provide you with heating or air conditioning, the law does require the rental property to be habitable.
UNSW Senior Research Fellow from the UNSW City Futures Research Centre, Dr Chris Martin, is a tenancy law expert. The habitability obligation means landlords must ensure the premises can be lived safely and comfortably.
“If it takes an air-conditioner or a heating unit to make a particular premises habitable, that’s what’s required to meet that obligation,” he said.
“If premises are so cold that they are unsafe or unbearably uncomfortable, then the premises are not fit for habitation, and the landlord is in breach of the tenancy agreement.”
Dr Martin says a tenant’s right to a habitable environment can not only save them from freezing this winter but also ensure they don’t swelter through the summer months.
“Likewise, if a premises is too hot, it too can also be unsafe or so uncomfortable that it is in breach of the tenancy agreement,” he explained.
Approaching your landlord
Dr Martin says tenants who find their properties unsafe or uncomfortable due to the cold or heat could approach their landlord or property agency to request a solution.
This could be in the form of additional home insulation or installing a fixed heating or air conditioning unit.
Suppose the lessor does not remedy the situation. In that case, tenants can apply to their state’s tenancy tribunal for a breach of agreement and seek an order forcing the landlord to make the premise “habitable” by introducing the changes.
Alternatively, renters could ask the landlord for a reduction in rent if they are unable to use part of the premises due to its temperature or compensation for falling ill.
However, suppose your landlord or real estate decides to put up a fight. In that case, the amount of time it may take to reach a solution through the residential tenancy authority may exceed the length of your lease –while also impacting your relationship with the landlord and the potential opportunity to extend it.
“Even though the habitability obligation is good in its wide coverage and can be applied to many circumstances, it does mean that tenants may argue with the landlord about what’s needed to meet the obligation,” Dr Martin explained.
“That can be difficult when tenants are in this asymmetrical relationship where their landlord holds most of the power.”
Dr Martin also warns that if their request is successful, tenants who apply to renew the lease could bear the brunt of the installation through increased rental costs.
