Best Compliance Checklist for Older Rental Properties in Tasmania

If you own an older rental property in Tasmania — built before the minimum standards commenced under Part 3B of the Residential Tenancy Act 1997 — the best compliance resource is one that addresses the specific gaps older properties tend to have: fixed heating, window coverings, ventilation ratios, and weatherproofing deterioration. A generic pre-letting checklist assumes the property was built to modern standards. An older property needs a targeted audit against each Part 3B standard, plus clear guidance on the exemption pathway under Section 36P for specific standards.

The key principle: older properties are not exempt from minimum standards simply because they were built before the standards existed. The standards apply to every residential tenancy, regardless of the building's age. The question is whether the property meets the Act's intent despite not meeting a specific requirement, or an alternative design or technology makes that requirement unnecessary, without unfairly disadvantaging the tenant.

Where Older Properties Fail Most Often

Based on the compliance requirements under Part 3B (Sections 36I through 36O), older Tasmanian rentals tend to fail in predictable areas:

Fixed Heating (Section 36M)

The most common failure. Section 36M requires a fixed heater in the main living area — heat pump, electric, gas or wood heater. An open fireplace does not qualify unless the Commissioner has approved it for the premises under section 36M. Many older Hobart, Launceston and regional Tasmanian homes rely on unapproved open fireplaces or portable heaters, neither of which satisfies the standard.

What's required: Installation of a qualifying fixed heater. A reverse-cycle heat pump is typically the most cost-effective option (no flue, no gas connection, efficient operation). Wood heaters qualify, but domestic units sold or imported into Tasmania must meet the prescribed efficiency and emissions standards.

Common misconception: that a property's existing open fireplace satisfies the standard if it's functional. It does not unless the Commissioner has approved that fireplace for the premises under section 36M. The Act otherwise requires a qualifying heater in the main living area.

Window Coverings (Section 36N)

Every window in a room the landlord knows is likely to be used as a bedroom or living area must have curtains or blinds. Older properties frequently have bare windows in spare bedrooms, laundries used as living spaces, or original fittings that have degraded beyond function.

What's required: Functional curtains or blinds on every qualifying window. Replacement is straightforward and inexpensive — typically $50–$150 per window for roller blinds — but it's one of the most commonly missed items because landlords assume windows that had coverings a decade ago still have them.

Weatherproofing and Structural Soundness (Section 36I)

Older buildings accumulate weatherproofing failures that newer properties haven't had time to develop: rising damp, deteriorating window seals, rusted roof flashings, cracked mortar in exterior walls. Section 36I requires the property to be weatherproof and structurally sound — roof, walls, floors, windows and external doors must keep out weather.

What to check: external cladding and mortar joints, window and door seals, roof condition (flashings, gutters, valleys), subfloor ventilation and moisture barriers, and any sign of rising damp along internal walls.

Ventilation (Section 36O)

The 5% ventilation ratio applies to openings such as windows or doorways, not to mechanical exhaust fans. An opening should be at least 5% of the room's floor area; a room without an opening can still be adequately ventilated if it opens into a room with sufficient openings. Bathrooms, toilets and laundries can use a functioning mechanical ventilation mechanism that vents outside or into a roof space with open eaves or vents.

Bathroom and Cooking Facilities (Sections 36K and 36L)

Older properties sometimes have original bathroom and kitchen fittings that are technically functional but marginal — low water pressure, intermittent hot water, degraded tapware. The standard requires facilities in "good repair," not just present. A shower that dribbles or a stove with one working burner out of four doesn't meet the standard.

The Section 36P Exemption — When It Applies and When It Doesn't

Section 36P of the RTA 1997 allows a landlord to apply to the Residential Tenancy Commissioner for an exemption from a specific minimum standard. As a guide, the Commissioner considers an exemption where:

1. The property technically does not meet the wording of the standard but meets its intent, or an alternative design or technology makes the standard unnecessary; and
2. The tenant would not be unfairly disadvantaged by the exemption.

What the exemption is not: a blanket waiver for old properties. The Commissioner considers each application on the specific circumstances of the property and tenancy; an exemption applies only to the specified standard and for a specified period.

The heritage misconception: heritage listing alone does not establish an exemption. The Commissioner considers whether the property meets the Act's intent or an alternative design makes the standard unnecessary, and whether the tenant would be unfairly disadvantaged. Age alone does not create an automatic exemption.

An Older-Property Compliance Audit

For an older Tasmanian rental, the pre-letting audit needs to be more thorough than for a newer property. Walk through every Part 3B standard with these additional checks:

Heating: Confirm a fixed heater exists in the main living area. If the property relies on an unapproved open fireplace or portable heaters only, budget for a heat pump or qualifying wood heater installation before the next tenancy.

Window coverings: Check every window in a room you know is likely to be used as a bedroom or living area. Don't assume coverings that were there five years ago are still functional.

Weatherproofing: Inspect the exterior for cracked mortar, deteriorated cladding, rusted flashings, and failed window seals. Check subfloor spaces for moisture. Rising damp along internal walls indicates a weatherproofing failure that tenants can report.

Ventilation: Check the openings in each room against the 5% floor-area ratio; a room without its own opening can still be adequately ventilated if it opens into a room with sufficient openings. Bathrooms, toilets and laundries without openings need a functioning ventilation mechanism that vents outside or into a roof space with open eaves or vents.

Smoke alarms: Older properties may have alarms installed to earlier building standards (hallway only). In a standard house, current requirements cover every storey and the corridors or hallways associated with bedrooms (or the space between the bedroom area and the rest of the house if there is no hallway). Class 1b boarding houses also require an alarm in each bedroom; other building classes have separate placement rules.

Electrical: Check that power points and wiring are safe and working. Older wiring may need a licensed electrician's assessment — verify their licence using Consumer Affairs Tasmania's Search licensed occupations before engagement.

Who This Is For

• Owners of older Tasmanian rental properties built before the Part 3B standards commenced
• Self-funded retirees whose rental properties haven't been audited against current standards in several years
• Landlords who've received a tenant complaint about heating, ventilation or weatherproofing and need to understand their obligations
• Owners of heritage-listed or potentially heritage-listed properties who need to understand the exemption pathway

Who This Is NOT For

• Owners of newer properties built to current building standards — a standard pre-letting checklist is sufficient
• Landlords whose properties already have fixed heating, window coverings, and modern weatherproofing
• Anyone seeking a building engineering assessment — if significant structural issues exist, engage a qualified building inspector

Frequently Asked Questions

Does the age of my property automatically entitle me to a minimum standards exemption?

No. Section 36P does not create an automatic exemption based on property age. The Commissioner considers whether a property technically fails the wording but meets the standard's intent, or an alternative design or technology makes the standard unnecessary, and whether the tenant would be unfairly disadvantaged. A 1930s cottage is not exempt simply because it predates the legislation.

How much does it typically cost to bring an older Tasmanian rental into compliance?

It varies by property condition, but the most common upgrades are: reverse-cycle heat pump ($2,000–$4,000 installed), window coverings ($50–$150 per window for roller blinds), exhaust fans for bathrooms/kitchens without openable windows ($200–$500 installed), and smoke alarm upgrades ($30–$80 per alarm). Major weatherproofing repairs (roof, cladding, rising damp) can cost significantly more and should be quoted by a builder.

Can I pass minimum standards upgrade costs on to the tenant through a rent increase?

Not directly as a compliance surcharge. However, a property that meets all minimum standards and has modern heating, coverings and ventilation can reasonably command a higher rent than one that doesn't. Any rent increase must follow the standard notice requirements under the RTA 1997.

My property has an open fireplace. Do I need to block it up?

No. You don't need to remove or block the open fireplace. Unless the Commissioner has approved it for the premises under section 36M, you need to install a qualifying fixed heater (heat pump, electric heater, gas heater, or wood heater) in the main living area in addition to or instead of relying on the fireplace. The fireplace can remain as a feature — it just doesn't satisfy the Section 36M requirement on its own without that approval.

What records should I keep after completing the compliance upgrades?

Keep trade certificates for 10 years (electricians, plumbers, gas fitters — including licence numbers and certificate references), condition report photographs showing the completed upgrades, and receipts for all compliance work. If you apply for a Section 36P exemption, retain the Commissioner's written decision permanently.

The Rental Minimum Standards in Tasmania guide includes a pre-letting audit specifically structured for working through each Part 3B standard, plus the exemption application worksheet, repair tracking logs, and the document retention schedule — designed for the thorough audit that older properties require.

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