Tenants have the right to a property that is safe and healthy and that meets all relevant laws and bylaws (s 45(1) RTA).
A landlord is in breach of tenancy law if they don’t meet their obligations to provide a healthy home that meets minimum housing standards.
Does the rental property meet the required standards?
Cold and damp housing
If a tenant is concerned that their rental home is cold, damp or not healthy, the first step is to check that the house meets the healthy homes standards with regards to heating, insulation, ventilation, moisture ingress and drainage, and draught stopping.
Where these issues are covered by both older and newer housing regulations, the landlord must meet the higher standards set by the healthy homes standards (Residential Tenancies (Healthy Homes Standards) Amendment Regulations 2025). For instance, under the healthy homes ventilation standard, a bathroom that has a shower or bath must have an extractor fan (unless not practicable to install) rather than just an openable window as previously required.
Tenancy Services provides useful detailed information about what tenants need to know about the healthy homes standards.
Substandard housing
If the issue that the tenant is concerned about is substandard housing that is not covered by the healthy home standards, it may be covered under the Housing Improvement Regulations (HIR).
The HIR provides minimum standards that all housing must meet, for instance, enough space and amenities for the number of tenants, windows or other light and ventilation sources in all habitable rooms, and necessary facilities like running water, sinks, a kitchen with a stovetop/oven, a shower or bath, and a toilet (Housing Improvement Regulations 1947).
Tenants may find that they are in substandard housing that doesn’t meet the minimum HIR requirements if, for example, their rental property is a poorly converted garage, a house that has been converted to have extra makeshift bedrooms, or a non-standard housing option such as a commercial unit.
Some such properties may also not be legal residential premises and the landlord is breaking tenancy law by renting them out (s 78A RTA). See case study below.
Find out more about the minimum building standards and unlawful residential premises.
Dampness is a shared responsibility
While the healthy homes standards describe the responsibilities that the landlord has to provide a healthy rental home, tenants also have a shared responsibility to prevent problems.
The minimum housing standards of the HIR require that every house is free from dampness (Reg 15 HIR). For cases related to dampness, the Tenancy Tribunal has generally considered both how the tenant uses the property (eg, appropriately heating and ventilating the house, wiping away condensation) and the condition of the rental property (eg, not prone to leaks and heating and ventilation options provided) when considering who is responsible for dampness.
Tips for tenants to keep the property healthy and free from damp
What to do if the landlord won’t meet their obligations
If a landlord doesn’t meet their obligations around providing a home that meets the healthy home standards and the minimum standards for housing under the HIR, they will be in breach of the tenancy agreement and the law. If the landlord has provided incomplete or incorrect information on the healthy homes standards compliance statement, they will also be in breach of the tenancy agreement.
If talking to the landlord about concerns doesn’t resolve the problem, the tenant can issue a 14-day notice to require the landlord to take action within 14 days. If further action is needed, the tenant can take a case to the Tenancy Tribunal.
The Tenancy Tribunal can make an order to require work to be carried out or for the tenancy to be ended. The tenant may be entitled to a reduction in rent or other compensation.
If a tenant is living in a property that is an unlawful residential premises, the Tenancy Tribunal can order the landlord to refund all or part of the rent paid (s 78A RTA).
Find out more about raising issues with the landlord.
Case Study – Tenant awarded compensation and exemplary damages for unhealthy home
A tenant was partially successful in making a claim to the Tenancy Tribunal on the basis that their rental property did not meet the Healthy Homes Standards (HHS) and Housing Improvement Regulations (HIR) during the tenancy and that the landlord provided an HHS compliance statement that contained inaccurate information.
The tenancy covered a period of four months before and four months after the landlord was required to be fully compliant with HHS under the new healthy homes legislation.
Despite making improvements, the landlord was found to have failed to comply with the HIR and subsequent HHS requirements around moisture ingress and drainage, ventilation and draft stopping in some areas of the house. The Tribunal also found that the landlord knowingly included misleading information in the HHS compliance statement.
While the tenant stated that the property was cold and damp, the Tribunal adjudicator was not satisfied that it was proven that the property had significant dampness issues.
The adjudicator awarded the tenant $1,500 for loss of amenity and exemplary damages of $1,250 for the landlord’s breaches. The tenant was not awarded the full rent refund initially claimed for.
Case Study – Tenant awarded partial repayment of rent and exemplary damages for unlawful substandard premises
A landlord had substantial claims made against them in the Tenancy Tribunal for renting out a property that was not a lawful residential premises and did not meet minimum housing standards.
The premises were a garage-type building on a property that was previously an egg farm. The tenant paid $200 per week in rent. The premises did not have toilet or bathroom facilities, fixed heating or a kitchen.
There was another tenanted house on the property where the tenant, by agreement, could use the bathroom. However, the landlord had no power to enforce an access agreement and the tenant did not feel comfortable going into the other house. Mainly, he used the toilet in a nearby supermarket.
The tenant claimed a full repayment of rent. However, because the tenant had some use of the premises and the landlord had carried out some improvements, the Tenancy Tribunal ordered that the landlord repay the tenant half of the rent payable, amounting to almost $12,000.
Additionally, the tenant was awarded $5,000 in exemplary damages for the failure of the landlord to meet his obligations with regards to the condition of the property.
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