If you are a landlord or property manager in Victoria with rental properties that have gas appliances, and virtually every Victorian rental property does, you have legal obligations under the Residential Tenancies Act that you need to understand and comply with.
This guide covers exactly what the law requires, what the consequences of non-compliance are and how Gas Experts Melbourne can help you meet your obligations efficiently and cost-effectively across your portfolio.
What Victorian Law Requires of Landlords
Victoria's Residential Tenancies Act was significantly updated from 29 March 2021. The updated Act introduced minimum rental property standards that include specific requirements for gas appliance safety.
The core requirement is straightforward
Rental providers (landlords) must ensure that all gas appliances, fittings and connections at a rental property are maintained in good repair and in a safe condition. Specifically, all gas appliances must be serviced by a licensed gas fitter at least once every two years.
The record-keeping requirement
Landlords must keep a written record of the gas appliance service and must provide this record to the tenant within seven days of a written request.
What counts as compliance
A service carried out by a VBA licensed gas fitter that includes a written report documenting all appliances inspected, tests carried out and findings recorded. The report must include the name and licence number of the attending gas fitter.
What Appliances Are Covered
The compliance obligation covers all gas appliances in the rental property. This includes:
- Gas heaters wall furnaces, space heaters, ducted gas heating systems
- Gas hot water systems
- Gas cooktops and ovens
- Gas fireplaces
- Any other permanently connected gas appliance
The obligation covers every gas appliance in the property. It is not sufficient to service only the gas heater and ignore the hot water system.
Penalties for Non-Compliance
Failure to comply with Victoria's rental property safety obligations is not just an ethical issue. It carries real consequences.
VCAT orders: A tenant can apply to the Victorian Civil and Administrative Tribunal (VCAT) for orders requiring the landlord to carry out urgent repairs or comply with minimum standards. VCAT can order compliance within short timeframes.
Compensation claims: If a tenant suffers harm caused by a non-compliant or unsafe gas appliance, the landlord may face compensation claims. The cost of a compensation claim vastly exceeds the cost of a $180 annual compliance inspection.
Insurance implications: Most home and landlord insurance policies contain conditions regarding the maintenance of gas appliances. An incident linked to a non-compliant appliance may result in an insurer refusing a claim or reducing a payout.
Rental termination rights: In serious cases involving safety hazards, tenants have strengthened rights to terminate a lease without penalty where minimum standards are not met.
The cost of non-compliance is almost always far greater than the cost of compliance. A two-yearly gas safety inspection with a written report is a modest cost. The consequences of avoiding it are not.
What a Compliance Gas Safety Inspection Includes
A rental property gas safety inspection by Gas Experts Melbourne covers every gas appliance in the property and produces a written report that meets Victoria's record-keeping requirements.
Our rental compliance inspection includes
- Full inspection of every gas appliance in the property, heaters, hot water systems, cooktops, ovens and fireplaces
- Gas pressure test on the full gas system confirming no leaks
- Electronic gas leak check at all connections and fittings
- Flexible gas hose inspection check age, condition and compliance
- Flue inspection on all flued appliances
- Carbon monoxide combustion test on all gas heating appliances
- Safety device function tests on all appliances
- Written compliance report documenting every appliance inspected, all test results, any faults identified and recommendations
- The report includes the attending gas fitter's name, VBA licence number and signature
This report meets the documentation standard required under Victoria's residential tenancy regulations and can be provided to tenants within the required seven-day period upon request.
What Happens If We Find a Fault During the Inspection
If we identify a gas appliance that has a fault, is unsafe or does not meet the minimum safety standard during a rental compliance inspection, we will:
- Advise you immediately and clearly on what was found
- Provide a fixed-price quote for any required repair or replacement before carrying out any additional work
- Carry out the repair where approved and re-test to confirm the appliance is safe
- Document the fault, the repair and the post-repair test results in the written report
Where a fault is found during a compliance inspection, we can usually carry out the repair in the same visit. This minimises the time your property is outside compliance and reduces the number of visits required.
Managing Compliance Across a Rental Portfolio
For property managers and landlords with multiple rental properties, managing gas compliance across a portfolio can be complex. Tracking which properties are due for inspection, coordinating access with tenants and maintaining documentation requires a system.
Gas Experts Melbourne works with property managers across Melbourne's south-east to deliver scheduled compliance inspection programs for rental portfolios. We provide:
- Scheduled inspection programs timed to your compliance renewal dates
- Consistent written reports in a format compatible with property management software
- Prompt attendance to minimise tenant disruption
- Single point of contact for your entire portfolio
- Proactive communication when appliances are approaching the end of their serviceable life so you can plan replacements in advance
If you manage a rental portfolio and want to discuss a scheduled compliance program, call us on 0468 279 956 to talk through your requirements.
Frequently Asked Questions About Rental Property Gas Compliance in Victoria
How often do gas appliances need to be serviced in Victorian rental properties?
At least every two years. The two-year clock runs from the date of the last service. Properties that have not been serviced within the past two years are already outside their compliance obligation.
Does the two-year obligation apply to every appliance or just the heater?
It applies to every gas appliance in the property. The heater, the hot water system, the cooktop and any other permanently connected gas appliance must all be serviced within the two-year cycle.
What if the tenant does not allow access for the inspection?
Landlords must take reasonable steps to arrange access with the tenant. If a tenant unreasonably refuses access after reasonable attempts by the landlord, this creates a different legal situation. Document all attempts to arrange the inspection. Seek advice from your property manager or a tenancy law adviser if access is persistently refused.
Do I need to provide the compliance report to the tenant proactively or only on request?
The Act requires the report to be provided within seven days of a written request from the tenant. There is no specific obligation to provide it proactively, but providing it proactively is good practice and demonstrates compliance.
What if a gas appliance is found to be beyond repair during the compliance inspection?
If an appliance is beyond repair or unsafe to operate, it must be replaced before the rental property can meet minimum standards. The replacement should be carried out as quickly as practicable.
Does the two-year obligation apply to owner-occupied properties?
No. The two-year obligation is specific to rental properties under the Residential Tenancies Act. For owner-occupied properties, annual servicing is strongly recommended but not legally mandated.
How to Book a Rental Compliance Inspection
Booking a rental compliance inspection with Gas Experts Melbourne is straightforward.
- Call 0468 279 956 or book online at gasexpertsmelbourne.com.au
- Provide the property address and the number and types of gas appliances at the property
- We confirm an appointment time convenient for your tenant
- We attend, carry out the full inspection and provide the written compliance report
- You receive the report by email for your records
