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Australian Rental Property Cooling Requirements and Tenant Rights by State

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Australian Rental Cooling Requirements by State During Heatwaves

As Australia experiences its initial heatwave of the year, tenants are seeking information on maintaining cool living environments. This article outlines how renters can address cooling needs in their properties and what landlords are legally obligated to provide.

Requesting Air Conditioning or Ceiling Fans

Tenants can initiate discussions with property owners regarding the installation of air conditioning if the property's internal temperature causes discomfort or raises safety concerns during periods of high heat. Landlords may consider property upgrades, such as installing cooling systems, to retain tenants, particularly long-term occupants.

Tenants also have the option to research comparable rental properties in similar price ranges to determine if air conditioning is commonly provided. This information can be presented during negotiations with a landlord.

If a property is deemed uncomfortable for living, the issue can be raised with the landlord. This proactive communication may motivate owners, as future tenants could present similar requests. If a landlord declines such a request, tenants may apply to a tribunal for a breach of agreement, seeking an order for the landlord to ensure the premises are habitable. The success of such applications varies based on state-specific legislation.

Mandatory Cooling Provisions in Rental Properties

Rental property requirements for cooling systems vary by state and territory, as well as by the specific temperature conditions of the residence. In most Australian states, landlords are not legally compelled to install air conditioning.

However, if air conditioning or ceiling fans are already installed and listed as an amenity in the rental agreement, landlords are responsible for their maintenance and repair.

Most states require rental homes to be habitable, though the definition of 'habitable' can differ. In recent years, some states and territories have updated tenancy laws to introduce minimum rental standards, which also vary by jurisdiction and are not consistently enforced.

State-Specific Regulations:

  • Victoria: From March 1, 2027, new leases will require main living areas to have an efficient electric cooling system. Additional changes include mandatory ceiling insulation (where absent) and weather seals on external doors, windows, and wall vents at the commencement of new leases. Victoria also mandates a fixed, energy-efficient heater in the main living space.

  • Queensland: Properties must meet general habitability standards, including being clean, pest-free, and free from hazards like mould or asbestos. Air conditioning is not considered an essential amenity and falls outside of mandated standards. Tenants can negotiate with landlords for AC installation before signing a lease, potentially with rent adjustments (though rent adjustments are generally limited to every 12 months).

  • New South Wales: Residential tenancy legislation does not mandate air conditioning or heating. However, premises must be habitable. If an air conditioning unit is deemed necessary for habitability in a specific property, a tenant may argue for its installation. The government's 'Living in New South Wales' website indicates that properties can still be unfit for living even if they meet the seven minimum living standards.

  • Western Australia: Despite high summer temperatures, there is no obligation for landlords to provide air conditioning. Minimum standards are similar to other states, with an additional requirement for home insulation to protect tenants from extreme temperatures "where necessary."

  • Tasmania: Properties must include a heater (fixed electric, gas, heat pump, or wood heater) in the main living area before being rented. There is no requirement for a fixed cooling system. Minimum ventilation standards dictate that all rooms must have openings for air circulation.

  • South Australia: No requirement for air conditioning in rental properties. The state implemented minimum standards in 2024, similar to most other states, including provisions for fire hazard mitigation and rules regarding stair and ceiling height/positioning.

  • Northern Territory: No specific minimum standards are legislated. However, landlords are responsible for ensuring properties are clean, habitable, and comply with health and safety regulations.

  • Australian Capital Territory: The Residential Tenancies Act 1997 (RTA) was amended in 2020 to allow the ACT government to establish minimum standards for residential tenancies, but no such standards have been introduced to date.